What is a Section 73 condition?

Section 73 (s73) of the Town and Country Planning Act 1990 allows for planning applications to be made for the variation or removal of a condition on an existing planning permission. Different forms from those used for ordinary planning applications are required for s73 applications.

How does a Section 73 work?

Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission.

How much is a section 73?

The fee for an application under section 73 or 73A(2)(c) is a flat rate fee of £293 as set out in paragraphs 5 and 6(b) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended. More than one condition at a time can be removed or altered on the same application without any multiplication of the fee to be paid.

How long does a Section 73 application take?

A decision should be made in eight weeks (or 13 weeks for major applications) and has the effect of creating a new planning permission alongside the original permission.

Can a section 73 change the description of development?

The Welsh Ministers [2019] EWCA Civ 1868 the Court of Appeal ruled that Section 73 of the 1990 Act can only be used to vary the conditions of a previous planning permission; it cannot be used to vary the description of the development nor to impose any new or amended condition that is inconsistent with the description ...

What’s involved in getting a Section 73 Compliance Certificate?

What is the Section 73 advice?

Simply put s. 73 is a provision found within the Town and Country Planning Act 1990 which allows one to vary or remove a condition, including varying the list of approved plans to allow for amendments.

How do I submit a section 73 application?

We encourage you to submit your application online using the Planning Portal. If you choose to post it, please provide 2 copies of hard documents or 1 copy of hard documents and a CD with plans no larger than A3 and to scale.

Is Section 73 a new planning permission?

A section 73 application results in a new planning permission. This gives you a choice on which scheme to develop, as you can stick with the original consent. This differs from a section 96A approval, which amends the original permission, and where you must be certain about the changes before applying for them.

Is a s73 a new planning permission?

Minor material amendments to planning permission can be made under s73 of the Town and Country Planning Act 1990 through a variation of condition application. A minor material amendment is one that does not fundamentally change the development which originally secured permission.

What is s73 variation of condition?

Section 73 (s73) of the Town and Country Planning Act 1990 allows for planning applications to be made for the variation or removal of a condition on an existing planning permission. Different forms from those used for ordinary planning applications are required for s73 applications.

Do I need planning permission for a conservatory?

You CAN build a conservatory or single-storey extension without planning permission if: It is a maximum height of 4m high or 3m high (if within 2m of a boundary). The conservatory does not cover more than half the garden. The roof ridge or top point is not higher than the eaves of a property's roof.

How much is planning permission for a shed?

If you do need planning permission, you can apply to any local authority in England and Wales through the government's Planning Portal. A planning application for a garden outbuilding currently costs around £200. Building Regulations consent costs from £200- £300 upwards.

How much does planning permission add to house value?

Many sellers report an increase in sale price after obtaining planning permission. While it doesn't always involve big money – even a 10% increase in value, though achievable, might be optimistic – that doesn't mean it's not worthwhile.

What is a Section 73 order?

Section 73 of the 1990 Act provides for applications for planning permission to develop land without complying with previously imposed planning conditions.

Can a planning condition be removed?

You can apply to vary a condition on your planning permission or to remove it all together, under Section 73 of the Act.

Can I build smaller than my planning permission?

Can I build smaller than my planning permission? As long as your extension remains within the perimeters of the original planning approval, reducing its size is fine. However, we always advise sticking to your original plans as closely as possible.

Can you do a Section 73 on a reserved matters approval?

Planning permission cannot be granted under section 73 to extend the time limit within which a development must be started or an application for approval of reserved matters must be made. Section 73 cannot be used to change the description of the development.

What building does not need planning permission?

Nearly all internal works such as loft conversions, garage conversions, new staircases, bathroom refurbishment, kitchen renovation, or rewiring, do not require planning permission.

Is a section 73 an NMA?

A 'non-material amendment' would form an update to the existing permission. This is known as an s96a application or an NMA. Amendments of a greater scale may require a new/revised planning permission, and so you would need to make a s73 application previously know as Minor Material Amendments (MMA).

On what grounds can planning permission be refused?

Your building or structure overlooks other homes, causing loss of privacy. The appearance would be out of character with the existing property. Overdevelopment in the local area. If it's considered to adversely impact on the safety of a public highway.

What is a Section 75 planning condition?

A Section 75 agreement, sometimes known as a planning obligation, is a contract entered into between a landowner and the local Council, as part of the planning application process. The agreement may restrict use of the land and/ or regulate activities on the land being developed.

Do all planning conditions need to be discharged?

There are essentially three basic types of conditions: Performance conditions; these do not need to be formally discharged. Pre-commencement conditions; these must be complied with before development is started. Pre-occupancy conditions; These need to be formally discharged prior to the development being occupied.

How long does it take to vary a planning condition?

Planning conditions can take 8 weeks to determine unless an extension is agreed with the local planning authority.

Can you change plans after planning permission?

The bottom line on makingchanges to your planningpermission

Luckily, many local authorities are sympathetic to this and allow you to send in a free resubmission. This is usually dependent on the following factors: It has to be for the same development. It has to be submitted within 12 months of the original permission.

Can you vary a condition on a prior approval?

Amending conditions attached to a prior approval

The Court therefore confirmed that the LPA should entertain an application pursuant to s. 73 TCPA90 to amend any of the conditons imposed by the LPA, or indeed the conditions imposed by the Secretary of State in the Order (see paragraph 52 of the judgment).