Planning Success – s96a Non-Material Amendment to Allow Phased Drainage

We all know that the recent advice relating to Nutrient Neutrality has thrown some spanners in the works for developments.  If you’re not sure of what this is take a look at out recent article The Basics of Nutrient Neutrality.

In our case our client secured permission for residential development on a site and submitted information relating to drainage details to satisfy a drainage condition imposed on the permission.  Whilst verbally agreed by all parties, the Council had not given the formal letter confirming this and so the condition remained outstanding at the time the Nutrient Neutrality advised which effectively put an embargo on new housing development in specific areas was issued.

Our client was due to start works on site given the positive discussions and confirmation all was acceptable with the drainage scheme.  This could have put the brakes on our clients scheme with significant financial implications for them and economic implications for the team lined up to do the work.

Luckily Stockton Borough Council Planning Team were proactive and supported our idea that the drainage condition could be changed via an application for a non-material amendment (under the s96a process).  In order to provide greater flexibility to the implementation of the development, Stockton planners confirmed that the proposed change to the wording in respect to the phasing of the drainage details of the relevant condition, could be treated as a non-material amendment and that consequently development can continue.

We take our hats off to Stockton for such a proactive, common sense approach and for issuing such a speedy decision which allows development to be carried out.

If you’re in the Teesside Area and unsure if your development may be within the catchment area covered by Nutrient Neutrality Advice take a look at this PLAN detailing the areas effected.

Related Content

If you’re unsure of how to amend Planning Permission take a look at our recent blog explaining how to do this and what the different procedures are: How do you amend a planning permission – s96 v s73.

If you have received a planning approval there will be conditions attached and it’s important you know what they cover and how they can be complied with.  Read out article Understanding Planning Conditions which details the top 5 things to know about planning conditions.

Sometimes you don’t need a Town Planner but of you need some help unravelling the red tap – that’s our speciality so feel free to CONTACT US.