What is Section 73 Planning Permission?

A Section 73 planning application allows a developer to vary or remove conditions attached to an existing planning permission without submitting a completely new application. It is commonly used when minor changes are needed to an approved development while keeping the original permission in place.

Under Section 73 of the Town and Country Planning Act 1990, a local planning authority can grant a new permission with revised conditions. The original planning permission remains intact, but the updated permission takes precedence where conditions have been changed.

Section 73 applications are typically used to amend details such as approved plans, materials, landscaping conditions, or development phasing. However, the description of development cannot be changed through a Section 73 application.

Related provisions include Section 73A, which allows planning permission to be granted retrospectively for development that has already been carried out. Section 73B was introduced through the Levelling-up and Regeneration Act 2023 and is intended to allow the variation of the description of development in certain circumstances, but this provision is not yet in force and will apply once commenced.

Frequently Asked Questions

What does a Section 73 application do?

It allows conditions on an existing planning permission to be varied or removed without submitting a completely new planning application.

Does Section 73 create a new planning permission?

Yes. If approved, a Section 73 application results in a new planning permission with updated conditions.

Can Section 73 change the development description?

No. The description of development cannot be altered through a Section 73 application.

What is Section 73A planning permission?

Section 73A allows planning permission to be granted retrospectively for development that has already been carried out without permission.

What is Section 73B?

Section 73B is a prospective provision introduced by the Levelling-up and Regeneration Act 2023 that is intended to allow the variation of the description of development when varying planning permissions. It is not yet in force.