Can I Change My Planning Permission? Understanding Your Options

So, you’ve got planning permission in the bag, but now you want to make a change to the approved scheme. Whether it’s a small adjustment or a larger change, you don’t always need to start from scratch. There are two main routes you can take: a Section 96A application for small changes or a Section 73 application for larger amendments. Both options can save you time and money, but which one is right for you? Let’s break it down.

Non-Material Amendments (Section 96A)

Section 96A applications are used to make what’s known as non-material amendments. But what does that mean? Interestingly, planning legislation doesn’t give a specific definition, leaving it up to your local planning authority to decide. However, non-material amendments generally refer to small changes that don’t breach any conditions attached to the original approval or go against planning policy.

Some councils offer guidelines on what they consider a non-material amendment, but typically, we’re talking about minor tweaks—think along the lines of shifting a window or adding a door.

If your Section 96A application is approved, the changes will simply be read alongside your original planning permission.

Making larger changes (Section 73)

If your changes are more significant, a Section 73 application is often the way to go. This route is suitable if you need to alter a condition attached to the original planning permission—most often the one listing the approved plans.

You might hear local councils refer to Section 73 applications as ‘minor material amendments,’ but that’s an informal term. Whilst this area of case law is constantly evolving, there are court judgements to suggest that Section 73 applications can be used for more than just minor changes. Normally, as long as the change doesn’t alter the overall Description of Development, you’re in the clear. For example, if your permission is for the “erection of a new dwelling,” any changes you make still have to fit that description.

If your Section 73 application is approved, you’ll be issued with a fresh planning permission, which you can then implement instead of the original one.

A combined strategy

The planning system can be a bit quirky, and sometimes it pays to get creative. Let’s say the Description of Development is standing in your way—perhaps it’s too restrictive for you to make changes under a Section 73 application. In some cases, you could first use a Section 96A application to make a non-material amendment to the Description of Development itself. After that, you could go back and make your larger amendments through the Section 73 process.

Be warned though—this approach can get complex, and it might not be the most cost-effective strategy for smaller projects. If you’re considering this route, professional advice is highly recommended.

Which route is right for you?

Here’s a quick overview of the differences between the two processes:

• Section 96A: For small changes that don’t breach planning conditions or policy.

• Section 73: For more significant changes, especially those affecting the approved plans, without altering the Description of Development.

If you’re still unsure which route is best for your project, or if you need help navigating the submission process, why not use our Free Consultation service? Our consultants can provide expert advice on your project with no cost or commitment.

The information contained in this article may have become out of date since it was written. Under no circumstances shall the information contained in this article be taken as professional advice.