PART 3PLANNING PERMISSION
CHAPTER 10CHANGES TO PLANNING PERMISSION
Non-material changes to planning permission
100Power of planning authority to make non-material change to planning permission
(1)
This section applies where planning permission for the development of land in the area of a planning authority has been granted otherwise than by a development order or a local development order.
(2)
The planning authority may, on an application made by a person who has an interest in the land, make a change to the planning permission.
(3)
The authority may make the change to the permission only if it is satisfied that the change is not material.
(4)
In deciding whether the change is material, the 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.
(5)
The power to change a planning permission under this section includes power—
(a)
to impose new conditions;
(b)
to vary or remove existing conditions.
(6)
Where a person has an interest in some, but not all, of the land to which a planning permission relates, an application under this section may be made by the person only in respect of as much of the permission as affects the land in which the person has an interest.
(7)
For the purposes of this section a person has an interest in land only if the person is—
(a)
an owner of the freehold estate,
(b)
a tenant under a lease granted or extended for a fixed term that has at least 2 years left to run,
(c)
the mortgagee of an interest or estate in the land, or
(d)
a party to an estate contract within the meaning given by section 2(4) of the Land Charges Act 1972 (c. 61).