Section 73 and section 96a planning applications are two types of applications that can be used to modify or vary a previously granted planning permission. These applications can be useful for those wanting to make minor changes to a development that has already been approved, such as varying conditions attached to an existing planning permission, correcting drawings errors or as an alternative to a retrospective planning application. Section 96a planning applications can be used to vary the planning permission itself in a non material way and would typically be used to vary a description of development or the wording of conditions of an existing planning permission. To make a section 96a planning application, you will need to submit a request to the planning department through the planning portal, along with any supporting documents and information that explains how the proposed changes will fall within the scope of section 96a of the town and country planning act. The changes should not result in the consideration of policies or material planning considerations that were not originally assessed under the original consent.
Section 73 planning applications are used to make minor amendments to a development that has already been approved through amendments to conditions attached to a decision notice. These amendments can include changes to the approved drawings and documents. To make a section 73 planning application, you will need to submit a request to the local council, along with the drawings or documents you wish to vary. It is also appropriate to submit a supporting statement that explains how the minor amendments sought fall within the scope of section 73 of the town and country planning act. Again, the changes should not result in the consideration of policies or material planning considerations that were not originally assessed under the parent consent and must also be captured by the description of development. In the event that permission is granted the consent will essentially constitute a new planning permission.
An example of how these mechanisms can work together would be by amending the description of development for a single dwelling through a section 96a application by removing the number of bedrooms from a respective decision notice. A section 73 consent could then be sought to reconfigure the internal layout in way that increases the number of bedrooms. In practice however each application will determine on their merits on a case by case basis and what may be considered non material or minor in one instance may not necessarily be considered non material or minor in another. It is worth speaking to a chartered town planner for planning permission help and town planning advice specific to your project. There is no statutory requirement for local authorities to consult for both section 73 and section 96a planning applications. Such exercises will be carried out at the planning authority’s discretion. Government guidance advises that LPA’s use discretion and adopt a proportionate approach. This means that while your application will be reviewed by the local council, it may also be considered by other interested parties.
In conclusion, section 73 and section 96a planning applications for property developers and those engaging with the planning system are useful tools for making minor changes or variations to a development that has already been approved. There is no statutory definition of a ‘minor material amendment’ or ‘non-material amendment’ but it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the 'parent consent'. In making an assessment, regard must be taken to the effect of the proposed change, together with any previous changes approved under either S73 or Section 96A (non-material amendments). If you are in need of planning advice in London specific to your property development project or if you require help with planning permission issues do get in contact in order for us to help you overcome these challenges and increase your chances for success.
Fidel Miller MRTPI
London planning consultant
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