Application for Removal or Variation of a Condition

Application for removal or variation of a condition following grant of planning permission (Section 73 of the Town and Country Planning Act)

After planning permission has been granted the approved proposals/details may need to be modified. Where these modifications are fundamental or substantial an application for removal or variation of condition may be appropriate.

Please note we will not accept a S73 application in the following circumstances:

• Alteration to the redline of a previously permitted scheme
• The proposed change cannot be reasonably conceived with the terms of the original planning application
• The proposed changes require the description to be amended
• To extend the time limit within which a development must be started or an application for approval of reserved matters must be made
• If there is no relevant condition in the permission listing the originally approved plans
• Where development has not commenced and is "time expired"
• Where development is complete

Please note: Where approval is granted a new planning permission will be issued, but the original permission will remain intact and unamended. If the aspect you are seeking to remove or vary is expressly included in the original planning permission description this will remain the description when the Section 73 is issued. For example, a description including 'holiday use only' will remain even where the Section 73 application is being sought to remove/vary a holiday use only restriction. 

If the original permission has a planning obligation (S106) this may need a Deed of Variation to accompany the new permission.

The following National Requirements apply:

• Completed form
• Completed ownership certificates and where required notices served
• Design and Access Statement (where applicable)
• Appropriate fee

The following Local Requirements apply:

• Any plans, drawings or information necessary to describe the subject and purpose of the applications