Amending an approved planning application, S96A, S73, S73A or a new application

So, you've cleared the hurdles, jumped through the hoops, and secured that precious planning approval.
Your project is all set to sail smoothly, or so you thought. But here's the twist – what if new issues crop
up after your planning application has been given the green light? Fear not, for we're here to unravel the
mysteries of planning law, and explore the intriguing pathways that can guide you through these post-
approval dilemmas.
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The Forks in the Road:

When it comes to post-approval modifications, you've got four roads to choose from:

1. Making Section 96A Non-Material Changes to a Planning Application:

The term 'non-material' isn't carved in stone by the law; it's left to the Local Authority's discretion.
What's considered non-material at one site might be substantial at another, depending on the intricacies
of the planning merits.

Cumulative amendments from the past could potentially tip the scale into 'material.'

Within this process, you can tweak the application's description or adjust conditions, as long as these
changes remain non-material.

Local Planning Authority can impose new condition or vary the existing.

This is a revision of a prior application and doesn't impact the time limit.

It doesn't require a new application, meaning the Local Authority skips the consultation process.

However, you must inform other stakeholders with land interests and maintain records.

The decision only pertains to the non-material amendments and doesn't reissue the original planning
permission.

There's no right of appeal under section 78 of the 1990 Act.

Note that this process doesn't apply to revisions of Listed Building Consent.

The decision must be made within 28 days, and the fee stands at £36 for householder planning
applications.

Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/96A

2. Making a Section 73 Variation of Condition Application to Permission:

If your modifications are more substantial and involve varying or removing conditions from your original
planning application, this is the path to take.

There are no statutory limits on what kind of amendments can be made, as long as they relate to the
existing conditions.

This application can't change the development description or the commencement time limit, as
confirmed in the case of Finney v Welsh Ministers [2019] EWCA Civ 1868.

This process is a new independent permission, standing alongside your previous approval
variation/removal of condition application is granted planning permission, either the original or the new
permission can be implemented as they are separate permissions. therefore gives the developer an
opportunity to request changes to the conditions attached to a planning permission without risking
losing the original planning permission.

S73 application can be made after long time if the planning application is extant.

If your original permission involved a planning obligation, this might require a deed of variation.

You can't use Section 73 if the permission doesn't include relevant conditions listing the originally
approved plans. In this case, you'd need to amend the application under Section 96A and add a
condition, then proceed with the Section 73 application.

Instead of using S73, if you go to appeal to remove a condition, the principal of development may be at
risk and whole development is at risk.

When local authorities make decisions, they focus on national and development plan policies, along with
other considerations that may have significantly evolved since your initial approval.

The application must be submitted by the original applicant or someone authorized by them due to
copyright considerations.

It's important to note that Section 73 applications are limited to non-compliance with conditions and
can't be used to introduce conditions inconsistent with the original planning permission's operative part.

The fee for this application is £234, determined based on the original application.
An appeal right exists under section 78 of the 1990 Act, with specific timeframes for householder and
non-householder applications.

The 73 section can be used for changes ‘as proposed’, for development that is underway, or when
completed with section 73a the change can be retrospective as below.

Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/73

3. A Retro-Retrospective Planning Application under Section 73A of the Act:

Now, this application is your go-to choice for regularizing situations where construction commenced
without a planning application, the time limit has elapsed, or there's been a breach of planning
conditions.

If the building is completed, retro respective application may be the option instead of Section 73
application. Lawson Builders Ltd v Secretary of State for Communities and Local Government [2015]
EWCA Civ 122, Pitchford LJ, case shows that.

Please see the link as a reference: https://www.legislation.gov.uk/ukpga/1990/8/section/73A

4. A new application

If it is not stated on the site and the changes will be out of scope of S73 a new application can be a
solution.
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In the ever-evolving realm of planning law, post-approval modifications needn't be a daunting labyrinth.
Each of these avenues presents a unique solution tailored to your specific situation. So, whether you're
tweaking the finer details or facing more substantial changes, there's a path to guide you through the
maze, ensuring your project stays on course.

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