Section 73 or a new application: changing an approved scheme
Section 96A, section 73 and a fresh application do different jobs. The choice usually turns on whether the change fits the description of development.
Three routes exist for changing a scheme that already has permission, and picking the wrong one costs months. A non-material amendment under section 96A handles small tweaks in about 28 days. A section 73 application varies or removes a condition and produces a new permission. A fresh full application starts again. Deciding between section 73 or a new application usually comes down to one question: does the change sit within the description of development on the original decision notice.
If it does not, section 73 is closed to you whatever its scale.
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 attached to an earlier permission. The council considers only the question of the conditions. It cannot revisit the principle of the development.
Because most detail sits in the approved plans condition, varying that condition is the standard way of changing a layout, elevations, materials or internal arrangement. Grant produces a fresh permission that stands alongside the original, so you end up holding two, and you choose which to build out.
Two limits are worth stating plainly. Section 73(5) prevents the route being used to extend the time limit for implementation, so an expiring permission cannot be renewed this way. And the Court of Appeal in Finney v Welsh Ministers held that a condition cannot be varied where doing so would conflict with the operative description of the permission. A permission for "erection of 12 dwellings" cannot become 14 through a varied plans condition.
Non-material amendments under section 96A
Section 96A gives councils power to make a change that is not material. There is no statutory definition of non-material, and the assessment is made in the context of the particular permission, so the same alteration can be non-material on a large site and material on a terrace.
The practical differences matter more than the theory.
| Section 96A | Section 73 | |
|---|---|---|
| Determination period | 28 days | 8 weeks, or 13 for major development |
| Publicity and consultation | Not required | Full application publicity applies |
| Result | The original permission, amended | A new, separate permission |
| Can change the description | No | No |
| Can vary conditions | Limited | Yes, that is its purpose |
Councils accept things like a repositioned rooflight, a revised window opening, a corrected drawing number or a minor change in materials. They refuse anything that alters the appearance of the building as seen from the street, changes floor area beyond the trivial, or affects a neighbour's outlook. Officers vary in appetite, and a phone call to the case officer before you submit is worth more than an hour of argument afterwards.
The fundamental alteration limit
Between the small change and the new application sits the awkward middle ground, where section 73 is theoretically available but the change is large enough that the council balks.
Courts have accepted that section 73 can produce a materially different scheme so long as the description of development still fits and the conditions being varied are properly conditions. What officers watch for is a variation that in substance replaces the permitted development with a different one. Adding a storey, moving a building 20 m across a site or converting flats to houses will normally be pushed towards a full application even where a clever drafting of the description would technically allow the varied route.
The Levelling-up and Regeneration Act 2023 inserted section 73B, which allows permission to be granted for development that is not substantially different from an existing permission and which can, unlike section 73, alter the description. As at September 2026, check whether the provision has been brought into force and how your council is applying it before relying on it, because practice has been uneven.
Fees, publicity and the neighbour question
Both amendment routes carry a fixed fee rather than a fee calculated on floorspace or unit numbers, and the amounts are indexed annually. Work out what you owe before you submit rather than assuming last year's figure, since an underpaid fee makes the application invalid and the clock does not start.
Publicity is the real difference. A section 96A amendment does not require neighbour notification, while a section 73 application is publicised in the ordinary way and objections can be made. On a contentious site that reopens the argument, and neighbours who accepted the original scheme sometimes take the second consultation as an invitation to revisit it. Anyone wanting to object to a neighbour's application has the same rights on a variation as on the original.
Set out the changes clearly in a short covering statement with a schedule of superseded and replacement drawing numbers. Officers deal with dozens of these and a submission that makes the comparison obvious gets determined faster.
What varying a permission does to CIL
This is where schemes come unstuck after the decision, not before it.
A section 73 permission is a new planning permission, so the Community Infrastructure Levy position is recalculated against it, with credit given for the amount already payable under the earlier permission where the levy regulations allow. That part is usually handled by the charging authority. What is not automatic is relief.
Any exemption or relief already granted, including self-build exemption and the residential extension exemption, attaches to the permission it was granted under. If you vary the permission and start work under the new one, the exemption has to be claimed again, and it must be claimed and granted before development starts. People lose six-figure exemptions this way. Re-serve the assumption of liability, and give the charging authority notice of the date work begins under the correct permission. Keep the paperwork.
An illustrative example. A self-builder with an exempted permission varies the approved plans under section 73 to enlarge the garage, then digs foundations the following week under the new permission without re-claiming. The exemption is lost and the full levy becomes payable. The scenario is illustrative only, but the sequence is a common one.
Choosing the route your council actually prefers
Ask. Councils publish guidance on amendments and most planning departments have a settled house view about where the line sits, which is not always the same as the legal position.
A short pre-application enquiry, or an email to the case officer who determined the original application, will usually get you a straight answer on whether a change is non-material, whether the description of development accommodates it, and whether the authority would rather see a fresh application. Where the change affects a matter the original decision turned on, such as daylight to a neighbour or a heritage judgement, expect to be sent down the full application route and budget accordingly.
Whichever route you take, the supporting narrative still has to explain the change against policy. PlanScope can draft the Planning Statement for a variation and flag which of the other supporting documents need updating, and you can browse all 66 report types to see what a revised scheme is likely to need. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
Frequently asked questions
Can section 73 be used to extend a planning permission?
No. Section 73(5) of the Town and Country Planning Act 1990 expressly prevents the route being used to vary a condition that limits the period within which development must begin. An expiring permission cannot be renewed this way. If the time limit is running out, either implement lawfully or submit a fresh application before it expires.
What counts as a non-material amendment?
There is no statutory definition. The council judges it in the context of the specific permission, so the same change can be non-material on a large site and material on a terraced street. Repositioned rooflights, corrected drawing numbers and small material substitutions are usually accepted. Changes visible from the street or affecting a neighbour usually are not.
Does a section 73 permission replace the original?
No. It creates a new permission that sits alongside the original, and both remain capable of implementation until one is built out or expires. All conditions from the earlier permission need to be re-imposed on the new one, so check the draft decision notice carefully for conditions that have been dropped or reworded.
Do neighbours get consulted on a section 73 application?
Yes. A section 73 application is publicised in the ordinary way, so neighbours can comment and objections are considered. A section 96A non-material amendment carries no publicity requirement. On contentious sites that difference is often the main reason applicants try to keep a change within the non-material route.
What happens to CIL when you vary a permission?
A section 73 permission is a new permission for levy purposes, so liability is recalculated with credit for the earlier chargeable amount where the regulations allow. Any exemption or relief, including self-build, attaches to the permission it was granted under and must be claimed again and granted before work starts under the new permission.
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.