Removal or variation of a condition on an existing planning permission (S.73)

Introduction

Planning conditions are often attached to planning permission. Conditions limit and control the way in which the planning permission may be implemented.

Conditions may be imposed when planning permission is granted in order to regulate the development or the use of any land in question. It could involve requiring works on any such land, the removal of any buildings or works authorised by the permission, or stopping the use of land at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission. We can grant such permission unconditionally or subject to different conditions, or can refuse the application if we decide that the original condition(s) should stand.

The original planning permission will continue to subsist whatever the outcome of an application under section 73. Section 73 will not apply if the period in the condition limiting the duration within which the development could begin has now expired without the development having begun.

Section 73A of the Act provides, among other things, for retrospective planning applications to be made in respect of development which has been carried out without permission, and for applications for planning permission to authorise development which has been carried out without complying with some planning condition(s). Special consideration may need to be given to conditions imposed on planning permissions granted under section 73A. For example, the standard time-limiting condition will not be appropriate where development has begun before planning permission has been granted.

How do I vary or remove a planning condition?

You will need to apply to us. Use the following forms: 

• Removal or variation of a condition (S.73) (including certificates)
• Help notes on completing application form

What information will I need to submit?

• National requirements (Part 1)
• Local requirements (Part 2) - we are working on a Local List, please submit your application in accordance with national requirements
• Requirements checklist (Part 3) - we are working on a requirements checklist

To process an application we require the information detailed in Part 1 to be submitted with the application. The period for deciding the application cannot start until all the information has been received.

Please make sure you submit one original, plus one copy of the application form, together with one original, plus one copy of the plans and supporting information. The fee information and notes are provided to help you.

• Notice under Article 11 (to be served on owner(s) and agricultural tenant(s))
• Notice (to be published in a newspaper)
• A guide to planning fees
• How to pay your application fee

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