Part 9Changes to existing planning regimes
Chapter 2Other changes to existing planning regimes
Planning permission
190Power to make non-material changes to planning permission
I11
TCPA 1990 is amended as follows.
I12
After section 96 insert—
Non-material changes to planning permission
96APower to make non-material changes to planning permission
1
A local planning authority in England may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material.
2
In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted.
3
The power conferred by subsection (1) includes power—
a
to impose new conditions;
b
to remove or alter existing conditions.
4
The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates.
5
An application under subsection (4) must be made in the form and manner prescribed by development order.
6
Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission relates.
7
The application may be made only in respect of so much of the planning permission as affects the land in which the person has an interest.
8
A local planning authority must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
I13
In section 5(3)
(purposes for which Broads Authority is the sole local district planning authority) for “97” substitute “
96A
”
.
I24
In section 69(1) (register of applications etc)—
a
after paragraph (a) insert—
aa
applications for non-material changes to planning permission under section 96A;
b
in subsection (2)(a) after “(1)(a)” insert “
and (aa)
”
, and
c
in subsection (4) after “(1)(a)” insert “
, (aa)
”
.
I15
In section 286(1) (challenges to validity on ground of authority's powers) after paragraph (a) insert—
aa
an application for non-material changes to planning permission under section 96A;
I16
In Schedule 1 (local planning authorities: distribution of functions), in paragraph 3(1), after paragraph (a) insert—
aa
applications for non-material changes to planning permission under section 96A;