Section 73 or section 96A: fees and when each applies
Section 96A amends a permission. Section 73 creates a new one. The fee difference is small; the consequences for the levy, consultation and appeal rights are not.
The section 73 section 96A fee question has a short answer and a longer one. Both applications carry a flat fee set by the Fees Regulations 2012, with a lower rate for householder development, and the section 96A fee is the smaller of the two. The longer answer matters more, because the two routes do different things to your permission. A section 96A leaves the original permission in place and amends it. A section 73 creates an entirely new permission that sits alongside the old one, with its own decision notice, its own conditions and its own levy position.
What section 96A can do
Section 96A of the Town and Country Planning Act 1990 allows a local planning authority to make a non-material amendment to an existing planning permission. There is no statutory definition of non-material. The authority decides, having regard to the effect of the change on the permission as originally granted, which means the same change can be non-material on a large scheme and material on a small one.
The determination period is 28 days. There is no requirement to publicise the application or consult neighbours, and there is no right of appeal against a refusal, which is a point worth knowing before you rely on the route in a programme.
Typical uses are correcting a drawing number in the approved plans condition, a small change to a window position, a minor internal rearrangement that shows on the elevations, or a change of external material where the difference is slight.
One firm limit: section 96A cannot be used to change the description of development, and it cannot extend the time limit for implementation.
What section 73 does
A section 73 application is an application for planning permission to develop land without complying with a condition previously imposed. If it succeeds, the authority grants a new permission subject to different conditions, and both permissions then exist. The applicant can implement either, until one is implemented and the other becomes incapable of implementation in practice.
Because it is an application for planning permission, it is publicised and consulted on in the normal way, the determination period is eight weeks for a minor application, and the authority reconsiders the conditions. It does not reconsider the principle of the development, which was settled by the original grant, but it can impose new conditions that were not on the original permission.
Section 73(5) prevents the route being used to extend the time limit for implementation. A permission approaching expiry cannot be renewed this way.
The Finney limit
The Court of Appeal in Finney v Welsh Ministers, decided in 2019, settled a question that had been argued for years. A section 73 application cannot be used to vary a condition in a way that conflicts with the operative part of the permission, which means it cannot change the description of development.
The practical consequence is direct. If your description says "erection of two dwellings" and you now want three, section 73 will not get you there, whatever the plans condition says. You need a fresh application. Where the description is drawn narrowly, for example specifying the number of bedrooms or the height of a building, the same trap applies.
Section 110 of the Levelling-up and Regeneration Act 2023 inserted a new section 73B, an alternative route for permissions that are not substantially different from the existing one. Commencement and the associated procedure and fees need checking against the current position before you plan around it.
Fees and timescales side by side
| Section 96A | Section 73 | |
|---|---|---|
| What it produces | An amendment to the existing permission | A new permission alongside the original |
| Fee basis | Flat fee, lower rate for householder development | Flat fee, lower rate for householder development |
| Relative cost | Lower | Higher |
| Determination period | 28 days | 8 weeks for a minor application |
| Publicity and consultation | Not required | Normal publicity and consultation |
| Right of appeal | None | Yes, as for any application |
| Can change the description | No | No |
| Can extend the time limit | No | No |
Fee amounts changed in December 2023 and have been indexed annually since April 2025, so take the figures from the fee guidance on GOV.UK or the Planning Portal calculator on the day of submission rather than from an internal fee schedule.
What counts as non-material in practice
Because the test is a judgement rather than a rule, patterns are worth knowing.
Authorities generally accept as non-material: a correction to a drawing number or a revision letter, a window moved a short distance on a rear elevation, a small change to internal layout that shows on the elevations, a change of roof tile or brick within the same family, and the addition of a flue or a soil vent pipe in a discreet position.
They generally refuse: any increase in floor area beyond the trivial, a new opening on a flank elevation facing a neighbour, a change to the position of an access, anything that alters the number of units or bedrooms, and anything that would have attracted a consultation response had it been in the original application. That last one is the practical test most officers apply. If a neighbour would have written in about it, it is not non-material.
There is a middle band where the answer depends on the officer and the site. A change of external material on a building in a conservation area, or a modest increase in the height of a rear extension, can go either way. Send the drawings informally and ask before you pay a fee you cannot appeal.
The levy trap on a section 73 permission
A section 73 permission is a new permission, and that has consequences for the community infrastructure levy. Where a scheme is liable, the levy is recalculated on the new permission, using the rates and the index in force at the time it is granted rather than at the time of the original.
On a scheme granted several years earlier, in an area where the charging schedule has been revised or indexation has moved, that recalculation can be material. Regulation 128A of the Community Infrastructure Levy Regulations 2010 deals with the mechanics of chargeable amounts on section 73 permissions, and the calculation deserves a look before the application goes in rather than after.
Section 106 obligations attach to the land and to the permission they were completed for. A new permission under section 73 usually needs a deed of variation or a supplemental deed so the obligations bite on it. Build the legal time into the programme, because it routinely takes longer than the planning determination.
Choosing between them
Work through the questions in this order.
- Does the change alter the description of development? If yes, neither route works and you need a fresh application.
- Does it extend the implementation deadline? If yes, the same answer applies.
- Is the change small enough that the authority will accept it as non-material? Ask the case officer informally before submitting, since there is no appeal against refusal.
- Does the change affect a condition rather than the plans alone? Section 73 is the route, and it is the only route for removing or relaxing a condition.
- Is the scheme levy liable and several years old? Model the recalculation before deciding whether to proceed.
Where the amendment engages a technical topic, the supporting evidence has to be updated too. A varied drainage condition needs a revised strategy, and a varied ecology condition may need a fresh survey in the right season. Our article on varying a planning condition under section 73 goes further into the application itself, and the full list of report types shows what usually needs updating alongside it.
This is general guidance rather than legal advice. Fees and commencement dates change, so check the current position with your local planning authority or a qualified professional before relying on it.
See PlanScope pricing if you want to draft the supporting documents yourself. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Which application costs less, section 73 or section 96A?
Section 96A carries the lower flat fee, with a reduced rate for householder development. Both are set by the Fees Regulations 2012 and both have been indexed annually since April 2025, so take current amounts from the GOV.UK fee guidance or the Planning Portal calculator rather than an internal schedule.
Can section 73 be used to change the description of development?
No. The Court of Appeal in Finney v Welsh Ministers held that a section 73 application cannot vary a condition in a way that conflicts with the operative part of the permission. If the description says two dwellings and you want three, you need a fresh application. Narrowly drawn descriptions create the same problem.
Is there a right of appeal against a refused non-material amendment?
No. Section 96A carries no right of appeal, and there is no requirement to publicise or consult on the application either. Because of that, it is worth asking the case officer informally whether they will treat the change as non-material before submitting, particularly where a programme depends on the answer.
Does a section 73 permission change my levy liability?
It can. A section 73 permission is a new permission, so the community infrastructure levy is recalculated using the rates and index in force when it is granted. On an older scheme in an area where the charging schedule has been revised, that recalculation can be material and should be modelled before applying.
What happens to a section 106 agreement on a section 73 permission?
Obligations attach to the permission they were completed for, so a new permission granted under section 73 usually needs a deed of variation or a supplemental deed to bind it. The legal drafting frequently takes longer than the planning determination, so start it at the same time as the application.
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.