Q&As

Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with varied conditions, is it then possible to make a further variation to that section 73 permission by way of a further application under section 73 of the Town and Country Planning Act 1990?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 08 July 2020
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Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows:

‘73.—Determination of applications to develop land without Compliance with conditions previously attached

(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2) On such an application the local planning Authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally,

Sarah Fitzpatrick
Sarah Fitzpatrick

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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