When you’ve secured planning permission for a new house (or development), the last thing you really want is to get bogged down in paperwork for small design tweaks. But frequently design tweaks will be made and this will result in inevitable requirement for planning authorisation. What if you want to change the colour of your render, roof tiles, or window frames? In Scotland, even a mild change to the permitted designs are likely to require a NMV application for example a change of colour is likely to fall into the category of a Non-Material Variation (NMV).
Even Colour Matters in Planning Permission
Planning permissions are granted on the basis of approved drawings and documents. If those plans specify external finishes in a certain colour, then that’s what has been approved. Any departure — even something as simple as “white” to “cream” — is technically a change to the permission.
Local planning authorities have the discretion to agree small changes through an NMV application, under Section 64 of the Town and Country Planning (Scotland) Act 1997. The process is designed for tweaks that don’t fundamentally alter the nature of the development.
How Planners Decide What’s “Non-Material”
Authorities use a set of practical tests to decide whether a change can be treated as non-material:
- Scale of the change
Is it small in relation to the whole development? - Impact on appearance and character
Will it alter how the building looks in its setting?- Subtle tonal shifts (white → cream, grey → stone grey) are usually fine.
- Bold contrasts (white → bright red) are unlikely to be accepted as NMVs.
- Impact on neighbours
Would the change affect amenity, outlook, or cause visual harm? - Conditions of approval
Did the original permission explicitly require a specific colour or the submission of samples? If so, deviation normally requires formal approval. - Cumulative effect
Have there already been several “small” changes? A line can be drawn if tweaks start to stack up. - Sensitivity of the site
Conservation areas, listed buildings, and national parks are judged much more strictly.
What’s the Risk of Skipping an NMV?
If you proceed without consent and the authority notices, you risk a breach of planning control. This can delay completion certificates, mortgages, or sales. In practice, many councils are pragmatic, but the safest route is always to formalise the change.
The Practical Route: Apply for a Non-Material Variation
- Fast and inexpensive: NMV applications are usually processed quickly, often under delegated authority.
- Case officer discretion: The planner will decide whether your colour change counts as “non-material.”
- No reopening of the whole permission: Unlike a full variation, the NMV doesn’t trigger a complete reassessment of the proposal.
Rule of Thumb
If your proposed colour change is subtle, similar in tone, and not in a sensitive location, it’s usually suitable for an NMV application. But always check first with your planning officer — a quick email can save you a lot of uncertainty. Also note that more significant changes to the development may require full planning application resubmission. Planning at an early stage to be really tight with your design submission is therefore always a good idea.