Section 73 applications

Section 73 applications allow for the variation or removal of conditions attached to a previously approved planning permission. This enables you to make changes to an existing permission without submitting an entirely new application. 

It is particularly useful for material amendments that go beyond the scope of non-material amendments but that do not fundamentally alter the development. 

For non-material amendments (minor changes with no material impact), see our guidance on our dedicated webpage.

There is no statutory definition of what constitutes a permissible variation under section 73. It depends on the context of the original permission and the proposed changes. 

Applications are assessed on their merits. They will consider factors such as:

• the scale of the amendment
• its impact
• and third-party interests. 

If the changes are deemed to exceed the scope of section 73, the application will be refused. We recommend consulting pre-application advice or submitting a revised application.

Relevant case law

Recent judicial decisions have clarified the scope and limitations of Section 73 applications. 

This includes: 

Finney v Welsh Ministers (2019)

This case ruled that Section 73 cannot be used to amend or contradict the description of development in the original permission.

For example, if the number of dwellings was clear in the original development description, any changes to this number would mean submitting a new application. This would not be considered under Section 73. 

Test Valley Borough Council v Fiske (2024)

This case further outlined that permissions must not result in a development that is materially different from the original. 

Conditions varied or removed under Section 73 cannot be used to grant what amounts to new permission for an altered scheme.

Applications for variations or removal of conditions can be made online via the Planning Portal.

You can use the standard form titled: application for removal or variation of a condition following grant of planning permission.

What to include

When submitting, clearly describe your proposed changes in the application form. Please reference the original permission number and specific conditions to be varied. 

For example: 

• Section 73 application to vary condition 3 (opening hours) of planning permission 10/P/1234/F (erection of retail unit) to allow the retail unit to open until 11pm Monday to Friday instead of 10pm.
• Section 73 application to vary condition 2 (plans) of planning permission 10/P/1234/F (erection of retail unit) to create three additional parking spaces to the rear.
• If you need a new application, please also include the reference number for the previous application. For example:
  • Full planning application for the erection of retail unit (previously approved under 10/P/1234/F), to create one dwelling in the previously approved store.

Changes and consultation

We will assess the application based on:

• the proposed variations
• any updated planning considerations since the original approval; and
• compliance with national and local policies.

Consultations will be informed by the proposed changes. 

Approved applications

An approved Section 73 application grants a new, standalone planning permission. If applicable, conditions from the original permission will be carried over. New or amended conditions may also be applied where necessary. 

The new permission expires on the same date as the original. This will be included in the decision notice.

Both the original and new permissions remain valid until completed. This gives you more options to choose how you want to proceed. 

Appeals

If refused, you may appeal the decision. Appeals must be lodged within:

• 6 months for most planning permissions or;
• 12 weeks for householder applications.

Appeals are submitted to the Planning Inspectorate.

For advice or to discuss your proposal, contact the Planning Team via our online enquiry form.