What is a Section 73 Application? – An example

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06.09.2021

What is a Section 73 application under Planning Law?

Have you been made to amend your original plans to allow for recommendation of approval? Do you STILL want your original plans? Section 73 applications may be your solution…

Section 73 of the Town and Country Planning Act 1990 allows your applications to be made for permission to develop without complying with a condition previously imposed on a planning permission.

A recent case study –

Parker Planning Services acquired planning permission in August 2020 for the conversion of barns into an individual house. During the consideration of this application, the applicant was required to amend the submitted plans to gain recommendation of approval from their Local Planning Authority (LPA) – West Suffolk Council.   This project was based near the Suffolk and Cambridgeshire border near Newmarket, and Bury St Edmunds.

These Amendments included;

  • lowering of the ridge height of the single storey offshoot,
  • reduced chimney size/amended to flue arrangement and located off the ridge,
  • reduced porch size,
  • main roof height reduced,
  • reduced extent of glazing on principle elevation and
  • a dormer window omitted and rooflight in its place.

Following on from this approval, we submitted an application and then a subsequent appeal, to grant planning permission under section 73 for the development of land without complying with condition 2. to which a previous planning permission was granted. The condition being ‘the development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.’ This is to allow for development to be carried out in line with the original plans to allow for the clients dream home design.

This was approved, because it was concluded that the variation of condition 2. would not result in any significant harm to the character and appearance of the surrounding area, nor would it conflict with relevant policies. Our client was therefore able to go ahead with building their dream home which they had originally hoped for.

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