S.L. 552.13 чл. 15Procedure for dealing with requests for minor amendments to approved drawings etc. of development permissions.

(1) Minor amendments requests can only be submitted to amend approved drawings and documents of development permissions and are to be made by the same and applicant of perit the original application, unless the change of and, or the perit change of applicant procedures are followed.

(2) Conditions of permissions cannot be amended through the minor amendments procedure.

(3) An amendment to approved drawings and documents shall be considered as minor when it relates to:

(a) changes which refer to a development otherwise permitted through a development order;

(b) amendments which satisfy all of the following specifications:

(i) do not result in a development that no longer accords with the character of the surrounding area;

(ii) do not significantly alter the overall form or nature of the development;

(iii) do not involve a change of use or change in the number of permitted units;

(iv) do not affect the substance or overall form of a landscaping scheme;

(v) do not entail the need for further onsite parking provision which cannot be physically provided on site;

(vi) do not constitute a material change from the previously approved drawings;

(vii) do not extend beyond the building or site boundaries as defined on the approved site plan and drawings; and

(viii) do not affect the objections raised during the public consultation period where they have been material to the decision.

(4) Requests for minor amendments are to be submitted through the electronic system, provided that:

(a) the minor amendment application form is used and duly filled in; and

(b) the permission has not expired and it is still valid.

(5) The minor amendment request shall include:

(a) amended drawings and documents;

(b) the correct fee due; and

(c) any revision or update of approved documents, where applicable.

(6) Each drawing must indicate clearly all the proposed changes in conventional colours. The colour coding needs to be indicated on the same drawing. The same number and format of drawings (including positioning of floor plans, elevations, sections on drawings) shall be retained.

(7) Revisions to approved documents may arise from the proposed minor amendments, such as amendments to Fire Safety and Ventilation Reports, Accessibility Audit Reports, Restoration Method Statements, or conditions set out by other authorities or Government Departments. In such cases, the relevant clearance should be sought by the Executive Chairperson from the relevant consultee. The relevant consultees are to reply within fifteen days, failing which it shall be considered that no objections arise from the revision. No late submissions will be accepted. A notification to the consultee that proves the date of late submission shall be uploaded on the electronic system.

(8) Requests for minor amendments are to be dealt with by the Executive Chairperson and a decision is to be issued not later than thirty days from a complete electronic submission.

(9) Registered interested parties shall be notified of the receipt of a request for minor amendments. Where a registered interested party submits an objection to the minor amendment within fifteen days from the notification of receipt of a request for a minor amendment, the request for minor amendments shall be processed by the Executive Chairperson and a recommendation shall be referred to the Planning Board and this in no case later than thirty days from submission of the request for minor amendment.

(10) Any requests for minor amendments which do not conform with any of sub-regulations (1) to (9) shall be refused by the Executive Chairperson or the Planning Board, as the case may be, provided that the deciding body clearly specifies the reasons for refusing such requests. There shall be no refund of the fees paid. The conditions of the original permission shall always remain valid and the development, as amended, shall still be subject to those conditions. The validity of the minor amendment approval expires with the validity of the permission.

(11) There shall be no right of reconsideration or appeal, from a decision on a request for minor amendments. Where the request cannot be considered through the minor amendment procedure or the development order, a full development application shall be submitted.