Section 73
Rather than refusing a planning application, a planning authority might grant permission, but with conditions attached. These conditions might require additional approvals for specific aspects of the development (such as the colour of materials) or might restrict the use of the site (for example limiting operating hours). See planning conditions for more information.
Section 73 of the Town and Country Planning Act 1990 'determination of applications to develop land without conditions previously attached' permits application to remove planning conditions or to vary planning conditions following the grant of planning permission.
Application is made to the local planning authority, who may either refuse the application, grant the application to remove or vary conditions unconditionally, or grant the application to remove or vary conditions, but with further conditions attached. A fee is likely to be chargeable for the application.
A section 73 application can only be made if the time within which the development was required to begin has not expired without the development commencing.
The section 73 application process can also be used to make a ‘minor-material amendments’ to a planning permission, that is, amendments ‘…whose scale and nature results in a development which is not substantially different from the one which has been approved’.
A specific 'non-material amendment' application process came into effect in October 2009, but no new process was introduced for minor-material amendments, and so these applications are still submitted using the existing section 73 procedure.
Section 73A of the Town and Country Planning Act 1990 permits retrospective planning applications to be made for developments which have been carried out without permission, or which have been carried out without complying with some of the planning conditions imposed on a planning permission.
NB Where a condition or conditions attached to a listed building consent become inappropriate, Section 19 of the Planning (Listed Buildings and Conservation Areas) Act 1990 permits application to change those conditions without re-opening the entire permission.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA has launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.
Comments