Amending an approved planning application: S96A, S73, S73A or a new application
If you need to change an approved scheme there are four routes: a Section 96A non-material amendment, a Section 73 variation of condition, a Section 73A retrospective application, or a brand new application, each suited to different circumstances.
So you have cleared the hurdles and secured planning approval. But what happens when, after approval, the scheme needs to change? Post-approval modifications need not be a daunting labyrinth: there are several routes available, each tailored to a specific set of circumstances. The right one depends on how significant the change is.
1. Section 96A non-material changes
The term 'non-material' is not defined in law; it is left to the local authority's discretion, and what counts as non-material can vary from site to site. Cumulative amendments could tip the scale into 'material', so it is worth keeping the whole planning history in mind. A Section 96A application lets you tweak the application description or adjust conditions, and the authority can also impose or vary conditions as part of the decision.
- No public consultation is required and no new full application is necessary.
- There are no Section 78 appeal rights against a refusal.
- The decision timeframe is typically 28 days.
- It does not apply to revisions of Listed Building Consent.
2. Section 73 variation of condition
Section 73 is the route for more substantial modifications that involve varying or removing existing conditions. There are no statutory limits on the kind of amendments, as long as they relate to the existing conditions. A Section 73 application cannot change the development description or the commencement timeframe. If granted, it creates a new independent permission alongside your previous approval rather than replacing it.
- It may require a deed of variation where there are planning obligations attached.
- It must be submitted by the original applicant or an authorised representative.
- Section 78 appeal rights are available.
- It can address changes 'as proposed' or development already completed.
3. Section 73A retrospective application
Section 73A covers situations that have already moved ahead of permission: where construction has commenced without planning permission, where the time limit for implementing a permission has elapsed, or where there has been a breach of a planning condition. It is the mechanism used to regularise completed buildings and works after the event.
4. A new application
Where the proposed modifications fall outside the scope of a Section 73 application, submitting a completely new application is the way forward.