What Is Section 73?
Section 73 of the Town and Country Planning Act 1990 allows applicants to apply to vary or remove conditions attached to an existing planning permission. It does not revoke the original permission — it runs alongside it, offering a modified version of the same permission with altered conditions.
The key benefit: if the Section 73 application is approved, a new planning permission is issued based on the modified conditions. If it is refused, the original permission remains in force.
Common Uses
Section 73 applications are commonly used to:
- Vary approved drawings: If a minor design change is needed to the approved scheme (for example, a change in window position, material, or roof detail), rather than submitting a full new application, a Section 73 can vary the condition that requires compliance with the approved drawings
- Extend the time limit for commencement: Planning permissions typically expire if not commenced within 3 years. A Section 73 can extend this period (subject to approval)
- Change material conditions: Where a pre-commencement condition specifies a particular material and an alternative is preferred, a Section 73 can vary the condition
- Amend approved floor plans: Minor internal changes to the approved layout
What Section 73 Cannot Do
Section 73 is limited:
- It cannot be used to change the description of the development in the original permission — only the conditions
- It cannot grant permission for development that is fundamentally different from what was originally approved
- It cannot remove a condition that goes to the heart of the permission (for example, a condition specifying use class)
- It cannot be used after the original permission has expired without commencement
The Application Process
A Section 73 application is submitted to the same local planning authority that granted the original permission. It typically requires:
- A completed application form
- A copy of the original planning permission
- Plans showing the proposed variation
- A fee (the standard householder fee currently applies to most residential Section 73 applications)
- A supporting statement explaining the proposed variation and why it should be approved
The LPA must determine the application in accordance with planning policy, as if it were a new application.
Section 73A — Retrospective Variation
Section 73A allows works that have been carried out without compliance with conditions to be retrospectively approved. This is a rarely used provision but can be useful where a minor deviation from approved plans has been made on site.
Non-Material Amendments
For truly minor changes to approved drawings (for example, a window moved by 150mm), the simpler route is a Non-Material Amendment application (under Section 96A of the TCPA 1990). This is faster and cheaper than a Section 73 but can only be used for genuinely minor, non-material changes.
RCB Design & Build
RCB advises clients on whether a proposed change to approved plans warrants a Section 73 application, a Non-Material Amendment, or a new planning application. We work with planning architects to prepare and submit the application efficiently.