Glossary
Section 73: varying a condition on a London approval
Application to vary a previously imposed planning condition. Cheaper than a full re-submission.
Application to vary a previously imposed planning condition. Cheaper than a full re-submission.
A section 73 application varies or removes a condition on an existing planning permission. It is the route used when a design changes after approval but the change is too significant for a non-material amendment. It creates a new permission sitting alongside the original.
A non-material amendment under section 96A is for genuinely minor changes — a window repositioned slightly, a drawing number corrected. It is decided in 28 days and costs £43 for householder development. There is no statutory definition of 'non-material'; the authority decides.
Section 73 handles anything material: a changed roof form, a different depth, a material substitution the condition does not allow. The application is assessed on its planning merits and neighbours are re-consulted.
It cannot vary the description of development, and it cannot extend the time limit for implementation. A change so fundamental that it alters what was permitted requires a fresh application, and where the original permission has expired there is nothing to vary.
The original stays alive. A section 73 approval is a new permission for the whole development as varied, and the conditions are re-imposed as part of it. Which permission has been implemented can matter later, so the decision notices should be kept together.
Variation of condition (section 73) in a Brent context: London Borough of Brent (Brent Council) runs 22 conservation areas including the Queen's Park Conservation Area and the Mapesbury Conservation Area, and an Article 4 direction is in force there, so permitted development cannot be assumed. That decides how variation of condition (section 73) is handled: £548 and 8 weeks for a Brent householder application, or £274 for the Lawful Development Certificate that records variation of condition (section 73) as lawful. The law behind variation of condition (section 73) sits in the Town and Country Planning Act 1990, the GPDO 2015 and the Building Regulations 2010.
| Legal basis | Section 73, TCPA 1990 |
|---|---|
| Minor changes route | Section 96A non-material amendment |
| Non-material amendment period | 28 days |
| Non-material amendment fee | £43 householder |
| Cannot vary | The description of development or the time limit |
| Effect | A new permission alongside the original |
A non-material amendment for a small change, or a section 73 application if it is material.
No. The time limit cannot be varied that way.
No. It remains, and the section 73 approval sits alongside it.
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