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
Walter Segal: self-built architect
A definitive book on a pioneer of green architecture.
Funding for heritage on the high street
Using heritage as a catalyst for reviving historic centres.
Commonwealth Heads of Government Meeting update.
Declaration prioritising sustainable urbanisation adopted.
A small hidden, often distant but key building component.
Some brief words about the actuator.
CIAT Chief Executive steps down.
After 34 years at the Institute.
Volunteer opportunity launched by the ICE
To support the next generation of engineers.
Provisional findings show illegal cartels in the industry.
CIAT reporting from the Competition and Markets Authority.
Making sustainable construction number one priority.
The future of construction report.
Interview with ECA CEO.
Many provisions came into force on June 28, 2022.
With room to expand.
An information packed session at the BSRIA conference.
Refurbishment, Energy Efficiency, Indoor air and process.
Considering building acoustics with the AT Journal.
Why building acoustic considerations must be non-negotiable.
Create a profile, write informed product articles and share.
Aluminium Composite Panels (ACP) is one example.
Top 50 Women in engineering 2022.
Inventors and innovators at ICE.
Life, death and art at the Stuart court. Book review.
Real estate, place adaptation and innovation.
Review and comment on the revised draft before July 11.
We are indeed now 10 years old, so go on and be bold !
Write about something you know, help us build and grow !
IHBC's 25th anniversary 2022 Aberdeen School.
A blended event and triumphant return.
New Construction Leadership Council Co-Chair selected.
Mark Reynolds succeeds Andy Mitchell as Co-Chair of CLC
Designing Buildings is 10 years old.
Types of work to existing buildings.
From alteration to deconstruction on DB.
Comments