Section 73: removal and variation of conditions
It is very common for clients to want to make changes once planning permission has been granted.
You may want to alter the design slightly, change materials, move windows or adjust the size of an extension. Sometimes these changes arise during construction, when it becomes clear that the approved plans are not quite right in practice.
The question is: how do you deal with those changes?
One of the main routes is a Section 73 application.
What is a Section 73 application?
A Section 73 application allows you to vary or remove conditions attached to an existing planning permission.
In practice, it is often used to make changes to approved plans. This is because most planning permissions include a condition requiring the development to be carried out in accordance with specific drawings. By applying under Section 73, you can substitute a new set of drawings.
If approved, the council issues a new planning permission with the updated plans.
What kind of changes can it deal with?
Section 73 is suitable for relatively modest changes.
Typical examples include:
- small increases or reductions in size
- changes to roof design
- repositioning of windows and doors
- alterations to materials
- internal layout changes
These are the kinds of changes that often arise once a project is underway.
What can it not do?
A Section 73 application cannot be used to fundamentally change the nature of a development.
You cannot use it to turn one scheme into something completely different. If the changes go too far, the council will treat it as a new proposal and require a fresh planning application.
This is not always a clear line. Judgement is involved, and different councils take slightly different approaches.
How Section 73 can help your project
Building work is rarely straightforward.
Even with good drawings, things change on site. Builders suggest adjustments. Clients make decisions as the project evolves. Sometimes it becomes obvious that a small change would improve the outcome.
These changes often seem minor, but they can create planning issues if they are not approved properly.
We regularly see cases where works have been carried out slightly differently from the approved plans. In many instances, this can be resolved through a Section 73 application. In others, it can lead to enforcement problems if not handled carefully.
We recently dealt with a case of this kind in Barnet, where a client needed to make changes during construction, having recently been granted planning permission for a new house.
Section 73 vs other options
A Section 73 application is not the only route.
Depending on the circumstances, you might also consider:
- a non-material amendment application (for very small changes)
- a fresh planning application (for more substantial revisions)
- relying on permitted development rights
Choosing the right route is important. The wrong approach can lead to delay, refusal or unnecessary complications.
It is best to apply before works start
It is always better to deal with changes before they are built.
Once development has been carried out differently from the approved plans, the position becomes more complicated. You may need to apply retrospectively, and in some cases you may be at risk of enforcement action.
If you are unsure, it is worth taking advice early.
Getting advice
Section 73 applications are a useful and widely used tool within the planning system. Used properly, they allow sensible changes to be made without starting again from scratch.
If you are thinking about changing an approved scheme, or have already made changes on site, it is usually worth getting advice on the best way forward.
