Q&As

Can a 'prior approval' planning permission (ie granted pursuant to permitted development rights) be amended by section 73 of the Town and Country Plannning Act 1990 or a non-material amendment (section 96A) in the same way as a 'normal' planning permission?

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Published on LexisPSL on 11/03/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a 'prior approval' planning permission (ie granted pursuant to permitted development rights) be amended by section 73 of the Town and Country Plannning Act 1990 or a non-material amendment (section 96A) in the same way as a 'normal' planning permission?

The granting of prior approval may be subject to conditions. In Pressland v Council of the London Borough of Hammersmith and Fulham, the Planning Court held that the procedure under section 73 of the Town and Country Planning Act 1990 for varying or discharging planning conditions can be used to vary or discharge a condition imposed on a prior approval notice. In this case, prior approval had been

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