We’re delighted to have assisted in securing modifications to an approved planning permissions under s73 of the Town and Country Planning Act.This is a little different to most times we’re brought into help with a s73 application.
We were brought into as the planning team at Croydon invalidated a s73 application asserting that works had commenced and a s73 was no longer the appropriate route a s73a application was required. This was proving problematic to the developer. We provided a detailed position letter summarising the situation and that the works had not commenced prior to the submission of the application to modify the condition, therefore s73 process applies. Whilst the planning officer considered works to have commenced, they had not, however even if the works had been carried out after the submission s73 still applies.
For clarity in terms of the scope of S73 and S73A applications – S73 allows for a grant of permission for the development of land without compliance with conditions subject to which a previous permission was granted (same development only subject to different conditions). S73 requires only consideration of the question of what conditions a grant of planning permission should be subject to. It should be noted that if the application is approved a new permission is created and the original permission remains extant and unaltered (along with the conditions attached to it). If it is considered that the disputed conditions are reasonable and necessary and that, in effect, planning permission should only be given subject to those conditions, then the application should be refused.
S73A applications are where development authorised by a planning permission has been carried out without compliance with one or more conditions. They seek to ‘retain’ the development without complying with the imposed condition(s). They can be seen as a retrospective application for development. In some cases the applicant may suggest an alternative version of the disputed condition (for example, with different opening hours). If the condition was breached before the planning application was made – the application should be dealt with under s73A.
Notwithstanding the above in the case of Lawson Builders Ltd v SSCLG [2015] EWCA Civ122 the Court of Appeal confirmed that there is a fluidity between sections 73 and 73A and that in an appropriate case, a decision maker considering an application made under s73 to proceed with a development without complying with conditions attached to an existing permission might grant, under s73A, retrospective permission for development already carried out and in addition impose conditions.
Thanks to Guy at 82Group the architect onboard who we’ve worked with on a few schemes now.
Related Content
If you’re not sure if you need a Town Planner take a look at our blog on When to Hire a Town Planner and download our Guide on How to Choose a Town Planner.
If you have received a planning approval it’s essential you know what conditions are attached, what they cover and how they can be complied with. Read out article Understanding Planning Conditions which details the top 5 things to know about planning conditions and our article How do you amend a Planning Permission – s96a v’s s73 may be useful.
Feel free to Contact Us if you need any advice.
