Two routes, two council fees
After permission, a builder or a change of mind often moves a window, shifts a wall or changes a roof. Planning law gives two ways to make that change without starting again. One is a non-material amendment under section 96A. The other is a section 73 application, which can vary the conditions on a permission.
The council fee for the first is £46 on householder development and £309 in any other case. For the second, removal or variation of a condition, it is £89 for a householder application. Our fee for either is £285.
What counts as non-material
There is no list. The guidance says there is no statutory definition of non-material, because it depends on the context of the whole scheme: a change that is non-material in one scheme may be material in another.
So the officer decides on the facts, and we draw the before and after so the difference is plain. A few centimetres on a window position in a large scheme is usually easy. Raising the ridge on a loft that already tests the limits of its neighbours is not.
How quickly it moves, and who must be told
A non-material amendment is quick. The time to determine is 28 days, or a longer period agreed in writing. It has no consultation requirements, but before applying you must notify owners of the land affected, who then have 14 days to make representations.
The council must issue its decision in writing. The decision is not a reissue of the permission: the original still stands, and the two documents are read together.
When the change is bigger than it looks
If the council considers the change material, the quick route cannot be used. The same guidance says this procedure cannot be used to make a material amendment, and that it applies only to planning permissions, not to listed building consents.
For a bigger change, section 73 is the next step. It takes effect as a new, independent permission alongside the original, with new or amended conditions. It cannot extend the time limit for starting or change the description of the development.
We read the permission and its conditions first, and tell you which route fits before you pay the council anything.
By the numbers
£46
Council fee for a non-material amendment to a householder planning permission.
Source: Planning fees: annual indexation from 1 April 2026 (GOV.UK)
£309
Council fee for a non-material amendment in any other case.
Source: Planning fees: annual indexation from 1 April 2026 (GOV.UK)
£89
Council fee to remove or vary a condition on a householder application.
Source: Planning fees: annual indexation from 1 April 2026 (GOV.UK)
28 days
Time for the council to decide a non-material amendment, unless a longer time is agreed in writing.
Source: Flexible options for planning permissions, planning practice guidance (GOV.UK)
14 days
Time notified landowners have to make representations before a non-material amendment is decided.
Source: Flexible options for planning permissions, planning practice guidance (GOV.UK)
s96A
The section of the 1990 Act under which a non-material change to a planning permission is made.
Source: Town and Country Planning Act 1990, section 96A: non-material changes (legislation.gov.uk)
None
Statutory definition of “non-material”: the council decides in the context of the scheme.
Source: Flexible options for planning permissions, planning practice guidance (GOV.UK)
Planning amendment costs: common questions
Can I make a non-material amendment to a listed building consent?
No. The guidance says the procedure cannot be used for listed building consents; it applies only to planning permissions.
Source: Flexible options for planning permissions, planning practice guidance (GOV.UK)
Does the original permission stay in force?
Yes. A non-material amendment decision is not a reissue, so the original permission stands and the two are read together. A section 73 permission sits alongside the original, and you choose which to build.
Source: Flexible options for planning permissions, planning practice guidance (GOV.UK)
What if my change is refused as material?
Then a section 73 application, or a fresh application, is the next route. We redraw our own sheets free until approval.
Sources
- Flexible options for planning permissions, planning practice guidance (GOV.UK)
- Planning fees: annual indexation from 1 April 2026 (GOV.UK)
- Town and Country Planning Act 1990, section 96A: non-material changes (legislation.gov.uk)
About the author. Ben Shaukat is Managing Director of Property Architecture Ltd, which trades as Planning Drawings.
Published by Planning Drawings. Checked against the sources above on . Planning rules change; check your council before you build.
