Section 73 and section 96A: which costs less and when
Two routes exist for changing a permission after it is granted. The cheaper one is limited to non-material amendments, and the other resets more than people expect.
Section 96A costs less and takes less time. It is decided in 28 days, needs no publicity in most cases, and carries a modest fee. Section 73 costs more, runs on the full determination period with consultation, and produces a new planning permission rather than an adjustment to the old one.
The choice between them is rarely about money. It is about whether the change you want is capable of being non-material, and that is a judgement the council makes, not you.
What each route can actually do
Section 96A of the Town and Country Planning Act 1990 lets a local planning authority make a change to an existing permission where it is satisfied that the change is not material. There is no statutory definition of non-material, and the assessment is contextual: the same one metre shift matters on a tight urban plot and does not on a farmyard. The authority can also add, remove or alter conditions in connection with the amendment.
Section 73 is an application to develop land without complying with a condition previously imposed. It is used for what the industry calls a minor material amendment, achieved by varying the condition that lists the approved drawings. The authority considers only the question of the conditions, and it can grant permission subject to different conditions or refuse.
The limit that catches people is the description of development. Following the decision in Finney v Welsh Ministers, a section 73 permission cannot be granted where the varied condition would conflict with the description of development in the original permission. So a permission described as "erection of a 20 metre turbine" cannot be varied to 25 metres by amending a drawings condition.
Section 73 also cannot extend the time limit for implementation. That is expressly excluded.
| Section 96A | Section 73 | |
|---|---|---|
| What it produces | An amendment to the existing permission | A new permission alongside the original |
| Test applied | Is the change non-material | Planning merits of the conditions |
| Determination period | 28 days | Standard period, usually eight weeks |
| Publicity and consultation | Discretionary, often none | As for the original application |
| Can change the description | No | No |
| Can extend the time limit | No | No |
The Levelling-up and Regeneration Act 2023 introduced a further route, section 73B, for applications where the effect of the changed permission would not be substantially different from the existing one. Check its commencement position before relying on it, because provisions in that Act have been brought into force in stages.
The fee position
Both fees are set in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 as amended, and both are flat fees rather than a charge per unit or per square metre. Each has a lower rate where the permission being amended related to householder development and a higher rate for everything else. Fees are periodically uplifted and indexed, so take the figure from the current Planning Portal fee calculator rather than from an older article.
The relative gap is wide. A non-material amendment is one of the cheapest applications in the system, and a section 73 costs several times more. On a scheme with twenty plots that difference is trivial against the cost of a week's delay, and on a single house extension it is not.
Where the numbers actually bite is repetition. A housebuilder making six separate amendments through six section 73 applications pays six fees and waits six determination periods. Bundling the changes into one application, where they are closely related, is the saving worth having.
The time cost, which is the real cost
A section 96A determination period is 28 days and there is usually no consultation, so the change can be approved inside a month. Section 73 goes through the standard route with neighbour notification, consultee referrals and, on a contentious site, the possibility of committee.
That reopens the argument. Neighbours who objected to the original scheme are notified again. The highway authority looks at the access again. Policy has often moved since the original grant, and the authority determines the section 73 application against the development plan as it stands now, which on a site where a new local plan has been adopted can be a materially different test.
Two practical consequences. First, do not use section 73 to tidy up drawings on a marginal scheme. Second, if you do need it, make the application narrow and explain in the covering letter exactly which condition is being varied and why nothing else changes.
What it does to the original permission and its conditions
Section 96A amends the permission you already have. The conditions, the commencement date and the levy position all continue.
Section 73 produces a new permission. The original survives and remains implementable, which is occasionally useful, but the new permission carries its own set of conditions and the authority must reimpose or restate the ones it wants to keep. Conditions that are not carried across are lost, and conditions the officer adds are new. Read the draft decision notice carefully before it is issued, because a section 73 is the commonest way for an unwanted condition to appear on a scheme that never had one.
The time limit for implementing the new permission is tied back to the original, so a section 73 does not buy you extra time.
The levy and the obligations
A new permission means the Community Infrastructure Levy is recalculated. The Community Infrastructure Levy Regulations 2010 contain a mechanism for crediting the amount payable under the earlier permission, but the recalculation uses the charging schedule and indexation applying at the date of the new permission, so a section 73 on an old consent can increase the charge even where the floorspace is unchanged.
Check three things before submitting. Whether the charging schedule has been revised, what the index does to the figure, and whether any exemption or relief already claimed has to be reclaimed on the new permission. Self-build exemption in particular does not carry across automatically.
Section 106 obligations are tied to the permission they were given for, so a section 73 usually needs a deed of variation to bind the new permission. That is a legal cost and a programme item, and on a scheme with a complex agreement it can outweigh everything else described here.
When a fresh application is the better answer
Sometimes it is. If the change alters the description of development, if the scheme has grown beyond what a condition variation can carry, or if the original permission is close to expiry, a new full application is cleaner. It costs the full fee and the full period, and it gives you a permission that stands on its own with a fresh time limit.
The decision rule I would apply: use section 96A for anything trivial and visually neutral, section 73 for drawing changes that stay within the description of development on a scheme the council supports, and a fresh application where the description changes or where the site has become contentious.
Whichever route you take, the supporting material should explain the change rather than restate the original case. A short Planning Statement addendum and, where the appearance changes, an updated Design and Access Statement will usually be enough. PlanScope pricing is one free report, £50 per report, or Professional at £150 a month or £600 a year for unlimited reports.
This is general guidance rather than legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
What counts as a non-material amendment?
There is no statutory definition. The local planning authority decides whether the change is non-material in the context of the permission as a whole, so the same alteration can be acceptable on one site and not on another. Changes to materials, minor internal rearrangements and small dimensional corrections are the usual candidates.
Can I use section 73 to change the description of development?
No. Following Finney v Welsh Ministers, a section 73 permission cannot be granted where varying the condition would conflict with the description of development in the original permission. If the description has to change, the route is a fresh application or, subject to its commencement, the section 73B route introduced by the Levelling-up and Regeneration Act 2023.
Does a section 73 application extend my time limit to start work?
No. Section 73 expressly cannot be used to extend the period within which development must be begun, and the new permission is tied back to the original commencement date. If the permission is close to expiry, a fresh full application is the only route to a new time limit.
Will a section 73 change my levy liability?
It can. A section 73 grant is a new permission, so the Community Infrastructure Levy is recalculated using the charging schedule and indexation in force at the date of that permission, with a credit mechanism for the earlier liability. Reliefs and exemptions such as self-build do not carry across automatically and must be claimed again.
Which application is cheaper, section 96A or section 73?
Section 96A is substantially cheaper and is decided in 28 days without publicity in most cases. Section 73 carries a higher flat fee and runs on the standard determination period with consultation. Both fees are set in the 2012 fee regulations and are indexed, so check the current figures on the Planning Portal fee calculator.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.