What is a Section 73 permission?

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

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.

What is a Section 73 agreement?

Permission granted under section 73 takes effect as a new, independent permission to carry out the same development as previously permitted subject to new or amended conditions. The new permission sits alongside the original permission, which remains intact and unamended.

When can s73 be used?

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.

What is a Section 73 application reserved matter?

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.

Amending Your Planning Permission: Major, Non-Material and Minor-Material | Planning Ahead with CMS

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.

What is the scope of a s73 application?

Section 73 applications can be used to amend planning conditions only. They cannot change the description of development. They are not limited to minor material amendments and can secure material changes as long as they do not result in a fundamental alteration to the scheme.

Is a s73 a new planning permission?

Section 73 of the Town and Country Planning Act 1990 (the “1990 Act”) can be an extremely useful tool to developers, enabling them to seek variations to a planning permission without the need to submit a new full planning application.

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.

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 is the difference between Section 72 and 73?

A Section 72 policy is a Whole of Life insurance policy that an individual or a couple can take out. A Section 73 policy is a monthly Savings / Investment Policy that an Individual or Couple can set up in order to reduce Gift Tax (currently 33%) in the future.

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 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.

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.

What is the determination period for s73?

A decision on s73 application should be made within eight weeks. However, if the original application was for a major development (13-week determining period) the s73 will also have the 13-week deadline.

Can you alter planning permission?

Following a grant of planning permission, it may be necessary to make amendments to the proposals that were originally approved. A non-material amendment may be applied for to approve a minor change to the planning permission and does not breach any conditions originally placed on the consent.

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.

How do I avoid planning permission?

How far out can you go without planning permission?

You can add a home extension or conservatory up to six metres, or eight metres if your home is detached, without needing to apply for planning permission. There's very little standing in the way between you and your dream home!

What happens if you make changes without planning permission?

Doing work without planning permission

If people make alterations or build something without planning permission, we can take enforcement action to get them to put things back to how they were.

What is a Section 72 planning application?

Under section 72 of the Town and Country Planning Act 1990 the local planning authority may grant planning permission for a specified temporary period only.

What are the new planning permission rules?

The biggest change to the planning regulations will see land dividing up into three categories – “growth”, “renewal” and “protected”. On land earmarked for growth, new homes, schools and hospitals will be allowed to be built automatically, with councils unable to veto appropriate development.

Is CIL payable on a S73 application?

Is CIL chargeable if a S73 application is made? The 2012 amendment to the CIL Regulations means that CIL will only be payable upon any increase in chargeable floorspace from the Section 73 application.

What is a Section 76 planning?

Following the preparation of new Local Development Plans across all 11 councils, Northern Ireland will experience a significant increase in the use of Section 76 agreements, meaning that house builders and developers will be required to provide a certain amount of affordable housing if their development is over a ...

What is a free go planning application?

You can sometimes resubmit an application with no fee. This is known as a 'Free Go'. The 'Free Go' application must be: the same applicant.