The fee for a section 73 application to vary a condition

The application fee for a section 73 application to vary a condition is a flat charge set by the fee regulations, not a percentage of the scheme, and it is the smallest part of what the change will cost you. The section 73 application fee is indexed annually, so take the current figure from the authority's published schedule or the Planning Portal fee calculator rather than from an old invoice.

The real budget lines are the revised drawings, the technical evidence the authority will ask for on a scheme that is now being reassessed, and the consequences of the new permission the application creates.

What a section 73 application does

Section 73 of the Town and Country Planning Act 1990 allows an application for planning permission to develop land without complying with a condition attached to an earlier permission. The authority can grant permission on different conditions, or refuse, and it may only consider the conditions, not the principle of the development.

Two limits matter. Section 73 cannot be used to extend the time limit for implementation, which is expressly excluded. And it cannot be used where the variation would conflict with the description of development on the original permission, which is why it works for design changes captured only in the approved drawings and fails for changes to the number of units named in the description.

The Levelling-up and Regeneration Act 2023 introduced a further route, section 73B, intended to allow variations including to the description of development where the effect is not substantially different from the existing permission. Check whether the relevant commencement provisions are in force before planning an application around it.

The fee position

The fee for a section 73 application is a fixed sum per application, with a lower figure for applications relating to householder development. Planning fees in England were uplifted in December 2023 and are subject to annual indexation each April, so any figure quoted in an article older than a few months is wrong by definition.

Three points about how the charge works in practice.

Varying several conditions on the same permission in one application normally attracts a single fee, so bundle the changes rather than submitting separately. Confirm that with the validation team before you submit, because practice on what counts as one application is not uniform.

A section 96A non-material amendment carries a much lower fee and is decided in 28 days, with no public consultation. It is the right route for genuine minutiae: a corrected drawing number, a small repositioning, a change of window material that nobody would notice. If the change is visible from a neighbouring property, it is probably not non-material.

Where an application covers more than one kind of development, the fee rules can produce a different answer from the one you expect, which is covered in the note on fees where an application covers more than one category.

When a fresh full application is needed instead

The description test is the one that catches people. If the original permission is for "erection of 8 dwellings" and you now want 9, section 73 cannot deliver it, because the permission granted would be for something other than what the description says.

Likewise where the change goes to the substance of what was permitted: a different building footprint, a materially different use, or a scheme so altered that the original assessment no longer covers it. Authorities will refuse or invalidate an application that tries to use section 73 for this, and the time lost is worse than the fee saved.

Where the original permission has expired, section 73 is not available at all. There is nothing to vary. That situation, and the options around it, is dealt with in the guide to fees and charges when a permission is nearly expired.

The new permission and what comes with it

A successful section 73 application produces a new planning permission, sitting alongside the original rather than replacing it. Both exist, and the developer chooses which to implement.

That has consequences worth budgeting for.

The new permission carries its own set of conditions, and the authority will normally re-impose the original conditions in updated form. It is common for new conditions to appear that were not on the original permission, reflecting policy that has moved on since. Review the draft conditions carefully, because a section 73 granted with a new pre-commencement condition can cost more than the change was worth. The wider point about condition cost is made in the cost of a planning condition you did not negotiate.

The time limit for implementation on the new permission normally runs from the date of the original permission, not from the date of the section 73 grant, so a variation late in the life of a permission does not buy extra time.

Section 106 obligations do not attach themselves automatically. Where the original permission was accompanied by a planning obligation, a deed of variation or a supplemental deed is usually needed to tie it to the new permission. Miss this and you can implement a permission with no affordable housing obligation, which sounds attractive until the authority notices and the position has to be regularised.

Community Infrastructure Levy and affordable housing

A section 73 permission is a new permission for Community Infrastructure Levy purposes, and the chargeable amount is recalculated on the basis of the rates and indexation applying at the time of the new permission, with credit given for the amount payable under the original.

Two practical consequences. If the charging schedule or the index has risen since the original permission, the recalculation can increase the liability even where the floorspace is unchanged. And if the scheme gains floorspace through the variation, the additional floorspace is charged.

Check the position before you apply rather than after. Where a scheme already benefits from a relief or exemption, confirm how the recalculation interacts with it, because reliefs have their own procedural requirements and a new permission can require a fresh claim.

Affordable housing works similarly. If the variation changes the unit mix or the floorspace, the policy requirement is reassessed against current policy, which may be more demanding than the policy in force when the original permission was granted.

Budgeting the whole change

A realistic budget for a section 73 has five lines, and the fee is the smallest.

1. The application fee, taken from the current published schedule.
2. Revised drawings and a covering statement explaining the change and why it does not alter the substance of the permission.
3. Updated technical evidence. On a scheme approved before mandatory biodiversity net gain, before current drainage standards, or before a new local plan, expect the authority to ask for updated work.
4. Professional time on the section 106 deed of variation, if there is an obligation.
5. The Community Infrastructure Levy recalculation, which may be nil or may be substantial.

Add consultation time. A section 73 application is publicised like any other, so neighbours will be notified and objections can be made about the varied condition. On a contentious site that alone can add weeks.

Work out which conditions you actually need to change, price the technical updates before you apply, and ask the authority in writing whether it regards the change as falling within the description of development. That one question saves more money than any other step. You can also check which supporting reports the revised scheme will need before committing to the route.

This is general guidance, not legal advice. Fees and levy rates change annually, so check the current schedule 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.