How can planning permission be amended?

Planning permission can be amended through different procedures depending on the scale and nature of the proposed change. Section 96A allows a local planning authority to approve a non-material amendment. Section 73 can vary or remove a condition, including a condition listing the approved plans, but cannot change the description of development. Section 73B is intended to allow changes to both the description and conditions where the resulting permission would not be substantially different, but it is not yet in force.

Why might a planning permission need to change?

Planning permissions are often amended after they have been granted. Detailed design may develop, construction requirements may become clearer or changes may be needed to improve the deliverability of a scheme.

The correct procedure depends on the effect of the proposed amendment, not simply the number of drawings or documents being changed. A minor alteration to a large development may be non-material, while a visually small change to a sensitive scheme may be material.

If a change is too significant for the available amendment procedures, a new planning application will be required.

What is a Section 96A application?

Section 96A of the Town and Country Planning Act 1990 allows a local planning authority to make a non-material change to an existing planning permission.

There is no statutory definition of “non-material”. The question is judged in the context of the particular permission and the cumulative effect of any previous non-material amendments. A change that is non-material for one development may be material for another.

A Section 96A application might be appropriate for limited changes to:

the approved drawings;
the wording of a condition;
the layout, appearance or dimensions of a scheme; or
supporting details that form part of the permission.

These are examples only. Whether the procedure can be used depends on the planning effects of the particular change.

What is the effect of a Section 96A approval?

A Section 96A decision changes the existing permission. It does not issue a separate planning permission. The original decision notice and the Section 96A decision therefore need to be read together.

The local planning authority has discretion over whether to consult or publicise the application. The usual statutory consultation and publicity requirements for planning applications do not apply, although affected landowners or agricultural tenants must be notified in accordance with the procedural rules.

The statutory determination period is 28 days unless a longer period is agreed in writing. There is no right of appeal under Section 78 if the application is refused or not determined. A different amendment route or a new planning application may then be needed.

Section 96A applies to planning permissions, but it cannot be used to amend listed building consent.

What is a Section 73 application?

Section 73 of the Town and Country Planning Act 1990 allows an application to be made for development without complying with one or more conditions attached to an existing planning permission.

It can be used to:

remove a condition;
vary the wording of a condition;
substitute approved drawings where the permission contains a condition identifying those drawings; or
change other requirements controlled by condition.

Although Section 73 is often described as the route for a “minor material amendment”, that expression is not a statutory test. There is no general statutory limit requiring every Section 73 amendment to be minor. The critical restriction is that Section 73 can change conditions but cannot rewrite the operative part of the permission, including the description of the development.

This means that the scope of the original permission and the way its conditions are drafted can be decisive. If there is no condition listing the approved plans, it may be possible to use Section 96A to add one before making a Section 73 application. That approach must itself be legally and procedurally appropriate.

What does the local planning authority consider?

The authority considers the proposed changes and any conditions that should attach to the resulting permission. In practice, it may need to reconsider planning matters affected by the amendment, but Section 73 is not an opportunity to reopen every aspect of the principle of the development.

Consultation and supporting information will depend on the nature and scale of the changes. Environmental impact assessment, habitats, biodiversity net gain and other statutory requirements may need to be considered again where relevant.

What is the effect of a Section 73 permission?

Approval under Section 73 creates a new, independent planning permission. It sits alongside the original permission rather than altering it. The new decision notice should restate all conditions that apply, including unchanged conditions carried across from the earlier permission.

The applicant may usually choose which permission to implement, provided that the development has not already been carried out in a way that makes the alternatives incompatible. The relationship between overlapping permissions can become complex once development begins.

A Section 73 application cannot:

change the description of the development;
extend the deadline for beginning the development;
extend the period for submitting reserved matters; or
transform the proposal into development that falls outside the scope of the original permission.

Where the original permission is subject to a Section 106 planning obligation, a deed of variation or other legal review may also be required. The grant of a Section 73 permission does not automatically ensure that the existing obligation works correctly with the new permission.

What is a Section 73B application?

Section 73B is a new amendment procedure introduced by Section 110 of the Levelling-up and Regeneration Act 2023. It is intended to allow a new planning permission to be granted where its effect would not be “substantially different” from an existing permission.

Unlike Section 73, the procedure is designed to permit changes to both:

the description of the development; and
the conditions attached to the permission.

This would address an important limitation of Section 73. It could provide a route for material changes that affect the operative wording of a permission but do not make the resulting scheme substantially different from what has already been approved.

Is Section 73B in force?

No. As at 27 July 2026, Section 110 of the Levelling-up and Regeneration Act 2023 has been enacted but has not been brought into force. A Section 73B application cannot currently be made.

Further procedural rules are also required before the route can operate. Until commencement, applicants must use the existing Section 96A and Section 73 procedures or submit a new planning application.

How is Section 73B intended to work?

Under the enacted legislation, an applicant would identify an original planning permission against which the proposed new permission is to be assessed. The applicant could also identify later permissions granted under Section 73 or Section 73B within the same sequence.

The local planning authority could grant permission only if satisfied that its effect would not be substantially different from the original permission. “Effect” would include both the development authorised and the conditions imposed.

The authority’s consideration would be limited to the respects in which the proposed permission would differ in effect from the identified permissions. If it decided that permission could not be granted through Section 73B, it would have to refuse the application rather than determine it as an unrestricted new planning application.

The procedure would not allow the time limit for starting development or submitting reserved matters to be extended.

The original permission used as the principal reference point could not itself be a permission granted under Section 73, Section 73A or Section 73B. It would generally need to be a planning permission granted on an application. Later permissions in a connected sequence could, however, also be identified for comparison.

How do Sections 96A, 73 and 73B compare?

Section 96A is the narrowest route. It can be used only where the proposed change is non-material in the context of the permission as a whole. If approved, it alters the existing permission rather than creating a separate one.

Section 73 can be used to vary or remove conditions, including substituting approved plans where those plans are controlled by a condition. It cannot change the description of the development. An approval under Section 73 creates a new planning permission that sits alongside the original permission.

Section 73B is intended to allow changes to both the description of development and its conditions, provided that the effect of the resulting permission would not be substantially different from the existing permission. It would create a new permission by reference to the existing one. However, although the legislation has been enacted, Section 73B is not yet in force.

Where a proposed change falls outside these procedures, a new planning application will be required. This route can include a revised description of development and, if approved, results in a new planning permission.

The labels used for a proposed change are less important than its legal and planning effects. Applicants should identify the correct route before preparing drawings and supporting material.

What are the main strategic considerations?

The amendment route should be considered against the entire permission, including its description, conditions, approved documents and any Section 106 agreement.

Particular questions include:

Does the permission contain a condition listing the approved plans?
Would the amendment require the description of development to change?
What is the cumulative effect of earlier amendments?
Does the change affect matters considered through environmental assessment or habitats legislation?
Will a Section 106 obligation need to be varied?
Could implementing one permission make another permission incapable of lawful completion?
Is a fresh planning application more robust than stretching an amendment procedure beyond its proper scope?

Selecting the wrong procedure can lead to refusal, delay or a permission that does not authorise the development as intended.

Key points

Section 96A is limited to non-material amendments and changes the existing permission.
Section 73 varies or removes conditions and produces a separate planning permission.
Section 73 cannot be used to change the description of development or extend implementation deadlines.
Section 73B is intended to allow changes to descriptions and conditions where the resulting permission would not be substantially different.
Section 73B is not yet in force as at 27 July 2026.
A new planning application is required where the proposed change falls outside the available amendment procedures.

When should professional advice be sought?

Professional planning advice is particularly useful where the proposed change affects the description of development, several conditions or approved plans, a Section 106 obligation, an environmental assessment or an already implemented permission. Early review can establish whether the preferred amendment route is legally available and what supporting information the local planning authority is likely to require.

Updated 27 July 2026

Knowledge journey

Deeper reading

Permission is not the end of the story examines the work required after planning permission is granted, including conditions, obligations, amendments and the route towards implementation.

Principal authoritative sources

Town and Country Planning Act 1990, Section 73
Town and Country Planning Act 1990, Section 96A
Levelling-up and Regeneration Act 2023, Section 110
Planning Practice Guidance: Flexible options for planning permissions
Town and Country Planning (Development Management Procedure) (England) Order 2015