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Removal or variation of a condition on an existing planning permission (S.73)

Introduction

Planning conditions are often attached to a planning permission and/or Listed Building Consent. Conditions limit and control the way in which the planning permission and/or Listed Building Consent may be implemented.

Conditions may be imposed when planning permission is granted in order to regulate the development or the use of any land in questions. It could involve requiring works on any such land, the removal of any buildings or works authorised by the permission, or stopping the use of land at the end of the specific period, and the carrying out of any works required for the reinstatement of the land at the end of that period.

Section 73 of the Town and Country Planning Act 1990 (As amended) allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission. We can grant such permission unconditionally or subject to different condition, or we can refuse the application if we decide that the original condition(s) should stand.

The original planning permission will continue to subsist whatever the outcome of an application under Section 73. Section 73 will not apply in the condition limiting the duration within which the development could begin has now expired without the development having begun.

Section 73A of the Act provide, among other things, for retrospective planning application where a development has been carried out without permission, and for applications for planning permission to authorise development which has been carried out without complying with planning condition(s). Special consideration may need to be given to conditions imposed to permissions granted under Section 73A. For example, the standard time-limiting condition would not be appropriate where development has begun before planning permission has been granted.

How do I vary or removal a planning condition?

To submit an application for Variation or Removal of a planning condition, you can apply online at the National Planning Portal or you can download the relevant application forms below:

Please make sure you submit one original copy of the application form, together with one original copy of the plans and supporting information. You can also pay for your application by cheque, credit or debit card. For more information on this service, please visit our planning application fees and how to pay page.

For information on ownership certificates or planning application fees, please visit the following webpages below:

You can also download the relevant Notices below:

You will need Adobe Acrobat Reader to download these documents. If you don’t have it you can download Adobe Acrobat Reader for free.