Amending a planning permission, retrospective planning permission and revocation of planning permission
Amending a planning permission, retrospective planning permission and revocation of planning permission

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Amending a planning permission, retrospective planning permission and revocation of planning permission
  • Ability to vary a planning permission once granted
  • Variation of conditions under section 73 including making minor material amendments
  • Non-material amendments under section 96A
  • Retrospective planning permission under TCPA 1990, s73A
  • Interaction between TCPA 1990, s 73 and TCPA 1990, s 73A
  • Immaterial changes
  • Revocation/modification of planning permission

Ability to vary a planning permission once granted

Once planning permission is granted, the development which it authorises must take place in accordance with the conditions it imposes, including any plans referred to in conditions, and any associated legal agreements. See Practice Note: Planning conditions—key points for more information.

However, amendments to a consented development are often needed after planning permission is granted. This can be for a number of reasons, for example because unforeseen circumstances arise after grant of the permission, requiring a departure from what is consented, or simply because the process of designing a development is lengthy and usually evolves even after permission is granted, resulting in scheme changes.

The Town and Country Planning Act 1990 (TCPA 1990) permits local planning authorities (LPAs) to entertain two types of amendments to planning permissions:

  1. applications for variations of conditions attached to a planning permission under TCPA 1990, s 73, and

  2. applications for non-material amendments under TCPA 1990, s 96A

Additionally, policy recognises a third type of amendment, termed minor material amendments. Minor material amendments must be processed by way of application under TCPA 1990, s 73, although as a matter of law the scope of TCPA 1990, s 73 is in no way limited to making minor material amendments.

Where amendments proposed are too significant to be dealt with via either TCPA