Non Material Amendment NMA

[Jilly]

I would like to alter the windows and internal layout of our stable conversion from that which the architect designed for our planning permission. I believe this is a Non Material Amendment (NMA). I can't find the form on the local council website so have Emailed the original case officer. does anyone have any advice/experience? 

 

I'm in a conservation area so intend to be conservative with my changes.

[epsilonGreedy]

I discussed some window alterations with my local planning office early in my build. The planning officer said he thought they fell within the scope of an NMA because the changes were not visible from the roadside frontage and also would not change how overlooked the adjacent neighbour's property was.

 

I am also in a conservation area and had I been proposing a historical shift from Georgian sash to late Victorian bay windows I think it would have taken smelling salts and a £400 cheque with a full planning application to resuscitate the planning officer.

[TerryE]

You need to check carefully on your LPA current policy on NMAs.  We had an issue during our build where planning EO told us to put in an NMA, but the planning development then turned it down.  Some LPAs discourage NMAs because they don't recover enough on the fee scales to make it worth their while.

[ToughButterCup]

1 hour ago, epsilonGreedy said:

[...]

The planning officer said he thought they fell within the scope of an NMA because ....

[...]

 

If you can evidence that statement in writing, tickety boo, it's an NMA. If not, Here Be Dragons. Follow @TerryE's advice

[epsilonGreedy]

1 minute ago, recoveringacademic said:

If you can evidence that statement in writing, tickety boo, it's an NMA. If not, Here Be Dragons. Follow @TerryE's advice

 

 

The evidence will be an approved NMA if not I loose £200 and learn not to believe the juniors who man the on-demand public access duty desk. Whenever I visit they often consult with their seniors in the back office.

[epsilonGreedy]

2 hours ago, Jilly said:

I would like to alter the windows and internal layout of our stable conversion from that which the architect designed for our planning permission.

 

 

My local planning office showed zero interest when I tried to start a conversation about internal layout changes. You are more likely to trip up and transgress Building Control regulations when revising an internal layout, it is all too easy for a small change to break fire egress regs.

[kxi]

@Jilly Hello, if it's a stable conversion did you get this under full planning permission or under permitted development e.g. conversion from agricultural to residential? Dealing with an NMA is different if done under PD (and I can explain more if so).

[Jilly]

We've got full planning. We had to withdraw a PD application as we didn't have an existing separate entrance. Could you explain about NMA, please?  I can't seem to find out any info on my local authority website> 

[Mr Punter]

NMA is fine for windows and doors moving / removing / resizing.  Quick to process (28 days) and cheap (£34?).  If you want to move external walls or change the ridge height it will need a minor material amendment (normally an application to vary the condition that states "To be built according to xxxx plans", where you will substitute in the new plans.  Both these alter the current consent, not give a new one.

 

Anything more major that significantly deviates from the approved scheme will need a fresh planning application (ages to process).  Nobody cares about internal walls but you may as well include these if you are doing any of these applications, just to bring the as built in line with the planning drawings.

[Jilly]

Thanks

 

[Ferdinand]

20 minutes ago, Jilly said:

Thanks

 

 

GEnerally internal layout is not a planning issue, but if for example your NMA puts your habitable rooms in places where overlooking or overlooked does not meet Plannign Regs (e.g. Overlooking private garden or your habitable facing somebody else's habitable room at too short a distance for privacy), then you could be into a need for full pp or preemptively introduce a block such as frosted gazing or stained glass or a blocking structure outside.

 

Then your potential PP application may be downsized back to an NMA by your mitigation of whatever triggered the thing to be a full PP.

 

F

Edited January 22, 2019 by Ferdinand

[TerryE]

"Non-material" means that it is automatically fully delegated to the development group in the Planning Dept.  They aren't even passed to the planning committee.  However, the determination of "non-materiality" is also fully delegated so  the planning officer can decided "this is not a non-material change".  This is in effect a proforma refusal and processing this refusal will take him or her maybe 10-15 mins.  Fee collected.   Job done.  And your only option is now to resubmit as a MMA, knowing that it has already been turned down as non-material.

 

In our case I suggested to our Enforcement Officer that I contact our allocated Planning Officer and discuss the issue with him. Our EO then emailed me and told me not to contact our previously allocated PO as the current practice is to allocate cases on a load basis; the PO would contact me.  Well, that is true, I was contacted, but with the application refusal, and no right of input or appeal (as you can't appeal a fully delegated decision).  Long gone are the days when you could ring up your PO and discuss the application with him or her before submitting it.  The only consultation mechanism our LPA offers is what is known as pre-planning advice (which you have to pay for and which takes 6 weeks), but you can't use PPA to prepare for an NMA -- Catch-22.

Edited January 22, 2019 by TerryE

[epsilonGreedy]

Last year a pro planning officer posted in a few threads, he cautioned against over use and raised expectations with NMAs. For example loading an NMA with a large list of design tweaks can backfire because if one item in a list of 7 changes is objected to then you loose £234 and like a game of of snakes and ladders its back to the starting square.

 

Summarizing his advise, I think he was saying that an NMA is a single shot gamble with a fast turnaround and for double the cost a full PP application buys the right to a dialogue with the planning department including the option to resubmit a tweaked application more palatable to the planning office..

[Mr Punter]

1 hour ago, epsilonGreedy said:

if one item in a list of 7 changes is objected to then you loose £234

 

The householder fee for a non-material amendment is £34.

[epsilonGreedy]

42 minutes ago, Mr Punter said:

The householder fee for a non-material amendment is £34.

 

 

I wish this applied to self builders, the planning officer did concede the situation was confusing. In the end he said I could not be declared as a householder because in the formative stages of a self build there is nothing to distinguish a self builder who intends to occupy a property for 20 years from a small commercial developer. He added I could not classed as a householder until building control signoff hence the £234 developer NMA fee would apply.

 

Has your experience been different?

 

I am now onsite and paying council tax, could this nudge things in my favour!

Edited January 23, 2019 by epsilonGreedy

[Mr Punter]

No, I have not done any householder applications. I think they are probably more for extensions etc but the £200 discount possibility looks tempting!