What to submit with a section 73 application
Section 73 lets the authority consider only the condition. Three documents decide the outcome, and the section 106 obligations do not follow the new permission on their own.
A section 73 application is an application to develop without complying with a condition, and the authority can only consider the condition. That narrow scope is what makes the submission list short and what makes the three documents that matter so important. The drawing schedule has to show approved against proposed, line by line. The schedule of changes has to explain each difference and why it arises. And the section 106 position has to be dealt with, because the obligations attached to the parent permission do not follow the new one automatically.
What section 73 can and cannot do
Section 73 of the Town and Country Planning Act 1990 lets you apply for permission to develop without complying with conditions previously attached. If granted, the result is a new, freestanding planning permission, sitting alongside the original rather than replacing it.
Three limits define the route.
The description of development cannot change. The Court of Appeal in Finney v Welsh Ministers held that section 73 cannot be used to vary the description, so a permission for "erection of 24 dwellings" cannot become a permission for 26 through this route however the conditions are worded. That decision reshaped practice and authorities apply it strictly.
The time limits cannot be extended. Section 73 expressly bars granting permission to extend the period within which development must be begun, and an application cannot be made at all once the parent permission has expired. Check the implementation date before anything else.
Conditions can be reimposed and updated. The new permission carries a fresh set of conditions, and authorities routinely take the opportunity to modernise them, which means the varied condition may arrive alongside several others you did not expect.
The Levelling-up and Regeneration Act 2023 introduced a separate power, section 73B, intended to allow variation of permissions where the effect is not substantially different from the original. Its availability and scope should be checked against the current position before relying on it, since the date that provision took effect is a matter to confirm rather than assume.
Where the change is minor in substance, section 96A non-material amendments amend the existing permission instead of creating a new one, which costs less and takes less time where it is available.
Identifying the condition and the parent permission
Get the references right. A surprising proportion of section 73 applications are returned because the parent permission is cited incorrectly.
State the full application reference of the parent permission, its date of grant, the condition number as numbered on that decision notice, and the full text of the condition quoted verbatim. Where the parent permission is itself a section 73 permission, say so and give the chain, because condition numbering often changes between them and officers have to follow the sequence.
Where more than one condition is affected by the same change, list them all in the application. Varying the drawings condition without varying the materials condition that references a superseded drawing leaves an inconsistency that surfaces at discharge stage.
The drawing schedule that shows approved against proposed
This is the document the case officer uses, and the one most often submitted badly.
Produce a two-column schedule. The left column lists every drawing number and revision approved under the parent permission, as named in the condition. The right column lists what replaces it, with the new number and revision, or states that the drawing is unchanged.
| Field | What it must show |
|---|---|
| Approved drawing number and revision | Exactly as cited in the parent condition |
| Approved drawing title | As on the original title block |
| Proposed drawing number and revision | The superseding drawing, or "unchanged" |
| Nature of change | One line, factual |
Three rules keep it usable. Never reuse a drawing number with the same revision for a changed drawing. Never leave a drawing out of the schedule, even where it is unchanged, because silence reads as an omission. And keep the title blocks consistent, since drawing schedules and title blocks that survive validation are what stop the condition wording and the drawings drifting apart over the life of a permission.
A schedule of changes with reasons
Separate from the drawing schedule, provide a narrative schedule of changes. For each change, state what it is, why it is proposed, and what its planning effect is.
Reasons matter more than people expect. An officer assessing a change from brick to render wants to know whether it is a cost decision, a supply issue, a response to a Building Regulations requirement or a design improvement, because the answer affects how much weight the original design rationale still carries.
Deal with effects honestly, including the ones that are adverse. A ridge height rising 400mm has a daylight and overshadowing effect on a neighbour whether you mention it or not, and an application that identifies and addresses it reads very differently from one the objector identifies first.
Where the change is to a materials condition specifically, the discipline that makes a materials schedule discharge the condition first time applies equally here, with samples or product data rather than descriptive adjectives.
Updated technical reports where the change affects them
Not every section 73 application needs technical work. The test is whether the change alters a conclusion in a report that supported the parent permission.
Six come up repeatedly.
- Drainage, where impermeable area, levels or the attenuation volume change.
- Transport, where unit numbers, parking provision or the access geometry change.
- Daylight and sunlight, where heights, massing or window positions change.
- Noise, where plant positions, openings or layout relative to a source change.
- Ecology, where the works footprint extends into retained habitat or where survey data has gone stale.
- Energy, where the fabric specification or the heating strategy changes.
Where a report is unaffected, say so explicitly and state why. A sentence confirming that the drainage strategy dated and referenced remains applicable because the impermeable area is unchanged saves a consultation round.
Survey currency catches schemes out. Ecological survey data has a limited shelf life, and a section 73 application on a permission granted three years ago may need updated survey work even though the physical change is small. Councils expect a suitably qualified author for ecological work and professional review is strongly advised.
Section 106, CIL and what does not follow automatically
This is the expensive omission.
A section 73 permission is a new permission, and a section 106 agreement tied to the parent permission does not automatically bind it. The usual solution is a deed of variation or a supplemental deed that applies the existing obligations to the new permission, prepared and completed in parallel with the application. Leaving it until after the decision means the new permission is unencumbered, which the authority will not allow, so expect the decision to be held until the deed is signed.
Community Infrastructure Levy liability needs attention too. A section 73 permission triggers a fresh liability calculation, and the Levy Regulations contain specific provisions for section 73 permissions including abatement where the levy has already been paid on the parent permission. Submit a revised additional information form and confirm the position with the collecting authority in writing before implementing the new permission.
Where the parent permission predates mandatory biodiversity net gain, the interaction between the regime and a later section 73 permission is a point to confirm with the authority rather than assume, because the answer turns on transitional provisions.
Fee, certificates and the description
The procedural items are straightforward and still get missed.
Section 73 applications attract a fee set in the national fee regulations, which is indexed annually, so take the current figure from the published schedule rather than from a previous invoice. The ownership certificate and any notices are required exactly as for a full application, and the certificate has to reflect ownership as it stands now, not as it stood when the parent permission was granted.
Draft the description of development as the original description, unchanged, with the variation expressed separately. The conventional form is to describe the application as a variation of the numbered condition of the stated permission, followed by the original description verbatim. Getting this wrong is the quickest way to a Finney problem.
A short Planning Statement tying the schedules together, and an addendum to the Design and Access Statement where the design changes, completes a pack that an officer can determine without coming back for more.
Enter the postcode on PlanScope to see which supporting documents a varied scheme is likely to need.
This is general guidance, not 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
Can a section 73 application change the description of development?
No. The Court of Appeal in Finney v Welsh Ministers held that section 73 cannot be used to vary the description, so a permission for 24 dwellings cannot become one for 26 by this route. Draft the application as a variation of the numbered condition followed by the original description verbatim.
Can section 73 extend the time limit for implementation?
No. Section 73 expressly bars granting permission to extend the period within which development must be begun, and an application cannot be made once the parent permission has expired. Check the implementation date before anything else, because an expired permission cannot be varied at all.
Does my section 106 agreement carry over to the new permission?
Not automatically. A section 73 permission is a new permission, so the obligations tied to the parent permission need a deed of variation or supplemental deed applying them to it. Prepare that in parallel with the application, because the authority will hold the decision until the deed is completed.
What happens to Community Infrastructure Levy liability?
A section 73 permission triggers a fresh calculation, and the Levy Regulations contain specific provisions for these permissions, including abatement where the levy has already been paid on the parent permission. Submit a revised additional information form and confirm the position with the collecting authority in writing.
When is section 96A a better route than section 73?
Where the change is non-material in substance. Section 96A amends the existing permission rather than creating a new one, which avoids the fresh conditions, the deed of variation and the levy recalculation. It costs less and is determined faster, so test it first and fall back to section 73 if the change is too large.
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.