A Section 73 planning application, often called an S73 application, is used where planning permission has already been granted, but a condition attached to that permission needs to be varied or removed.

​

This can be useful where the approved design needs to change, a planning condition is no longer appropriate, or the approved drawings need to be updated before or during construction. Government guidance confirms that Section 73 can be used to vary or remove conditions associated with a planning permission, but the change must relate to the conditions and not to the operative description of the development.

​

Section 73 planning applications can be useful for:

​

• Changing approved plans or drawings

• Varying a materials condition

• Altering window or door positions

• Updating rooflights, dormers or elevation details

• Changing a condition that controls opening hours

• Revising landscaping or boundary details

• Changing parking, access or refuse arrangements

• Amending a condition attached to a house extension approval

• Updating approved garage, loft, garden building or outbuilding drawings

• Regularising changes made on site where the change is more than non-material

• Removing a condition that is no longer necessary or reasonable

• Making a material amendment where the change can properly be dealt with by varying a condition

​

A Section 73 application is different from a non-material amendment. A non-material amendment is for very small changes to an existing approval, while Section 73 can be used where the change is more significant but still works through the conditions attached to the existing planning permission.

​

​

Ask PAS About Section 73 Plans and Revised Drawings

 

The drawings are often the most important part of a Section 73 application. The council needs to understand what was originally approved, what is now being changed and which planning condition needs to be varied.

​

Planning Application Services (PAS) can prepare Section 73 plans, revised drawings and supporting information to help explain the proposed change clearly.

​

PAS can help show:

​

• The original approved scheme

• The proposed amended scheme

• Which condition needs to be varied or removed

• Which approved drawings are being replaced

• What has changed from the original approval

• Whether the change affects neighbours

• Whether the change affects the street scene

• Whether the change affects materials, layout, access or appearance

• Whether Section 73, a non-material amendment or a fresh planning application is likely to be the better route

​

PAS can prepare revised drawings for:

​

• House extensions

• Loft conversions

• Garage conversions

• Garden buildings

• New garages

• Porches

• Driveways

• Gates and boundary works

• Replacement windows

• Roof alterations

• Change of use projects

• Small residential developments

• Projects already under construction

• Retrospective changes to approved schemes

​

​

What a Section 73 Planning Package May Include

 

A Section 73 application normally needs a clear description of the condition being varied or removed, together with justification for the proposed change. Planning Portal guidance says the application should explain the condition to be removed or modified and provide supporting justification.

​

A typical Section 73 package may include:

​

• Review of the original planning permission

• Review of the decision notice and conditions

• Review of the approved drawings

• Revised floor plans

• Revised elevations

• Revised roof plans where needed

• Revised sections where useful

• Marked-up drawings showing the changes

• Written explanation of the proposed variation

• Comparison between approved and proposed drawings

• Supporting planning notes

• Photos where useful

• Application form support

• Submission support through the Planning Portal

• Help responding to planning officer queries

​

A clear package helps the planning officer understand that the amendment is properly connected to the original permission and can be considered through the variation or removal of a condition.

​

​

Section 73 or Non-Material Amendment?

 

Choosing the correct route is important.

​

A non-material amendment may be suitable for very small changes that do not materially alter the approved scheme. A Section 73 application may be more suitable where the change is more substantial, but can still be dealt with by varying or removing a condition attached to the existing permission. Government guidance says Section 73 cannot be used to change the description of development or extend the time limit for implementing the original permission.

​

A Section 73 application may be more appropriate where:

​

• The change is too significant for a non-material amendment

• The approved plans condition needs to be varied

• The design has changed after planning approval

• A builder or engineer has identified a practical issue

• The homeowner wants to change materials, openings or layout

• The approved drawings no longer match the intended build

• The council is unlikely to accept the change as non-material

​

A fresh planning application may be needed where the proposed change goes beyond what can properly be handled by varying a condition.

​

​

Important Point: Section 73 Creates a New Permission

 

If a Section 73 application is approved, it creates a new, independent planning permission for the same development, subject to the new or amended conditions. The original planning permission normally remains in place, and the applicant can choose whether to implement the original permission or the new Section 73 permission.

​

This means it is important to keep a clear record of:

​

• The original decision notice

• The original approved drawings

• The Section 73 decision notice

• The revised approved drawings

• Any unchanged conditions

• Any new or amended conditions

• Any planning obligations or legal agreements that may still apply

​

This can matter during construction, Building Control, future sales, remortgages and later planning applications.

​

​

Conditions, Time Limits and Legal Agreements

 

Section 73 is useful, but it has limits. It cannot be used to extend the time limit for starting development, and that time condition must remain unchanged from the original permission. Government guidance also notes that if the original permission was subject to a planning obligation, a deed of variation may be needed.

​

Section 73 is also different from discharging conditions. Discharging a condition is the process of showing the council that a condition has been satisfied. Section 73 is used to vary or remove a condition, not simply to prove compliance with it. Planning Portal guidance makes this distinction clear.

​

​

Why Professional Support Helps

 

Section 73 applications can look simple, but they need to be handled carefully because the application changes the planning permission by changing the conditions.

​

Professional support can help you avoid:

​

• Applying under the wrong amendment route

• Using Section 73 when a non-material amendment would be better

• Using Section 73 when a fresh planning application is needed

• Trying to change the description of development

• Missing the original time limit for implementation

• Failing to identify the correct condition

• Submitting unclear revised drawings

• Not comparing approved and proposed drawings properly

• Overlooking planning obligations or legal agreements

• Creating confusion between planning, Building Regulations and construction drawings

• Delays caused by council requests for clearer information

​

PAS can help prepare the revised drawings, application notes and supporting information so the council can understand the proposed change clearly.

​

​

Full-Service Support from PAS

 

PAS can provide support from the first review of the planning approval through to Section 73 submission and next steps.

​

This may include:

​

• Review of the original planning permission

• Review of approved drawings and conditions

• Section 73 planning advice

• Revised plans and drawings

• Marked-up comparison drawings

• Supporting planning notes

• Planning Portal submission support

• Help responding to council queries

• Non-material amendment advice where suitable

• Fresh planning application support if Section 73 is not suitable

• Building Regulations drawing updates where needed

• Structural design coordination where the change affects construction

• Party wall advice and services where relevant

​

A Section 73 application can be a practical way to change an approved scheme, but the revised drawings and condition wording need to be clear before the application is submitted.

​

​

Get expert help with your Section 73 planning application

 

Whether you need revised drawings, marked-up plans, a Section 73 application, non-material amendment advice, condition review or help understanding whether your proposed change is acceptable, Planning Application Services (PAS) can help you understand what is needed and provide a clear quote for the right level of support.

​

Tell us what was approved, what you want to change, and send any decision notices, approved drawings, builder comments, photos or sketches you have, and we can advise on the next steps.